Ohio Evidence Flashcards
What is the Best Evidence Rule?
The Best Evidence Rule requires that the original document (or a reliable duplicate) be produced in order to prove the contents of a writing, recording, or photograph.
When are the contents of a document at issue for purposes of the Best Evidence Rule?
The contents of a document are at issue when (1) the document is used as proof of the happening of an event, such as with a photograph of a bank robbery; (2) the document has a legal effect, such as with a contract or will; or (3) the witness is testifying based on facts learned from the writing (as opposed to personal knowledge), such as with an x-ray image.
When can the contents of a writing be proved by means other than the admission of the original?
The original is not required, and other evidence of its contents is admissible if (1) all of the originals are lost or destroyed, and not by the proponent acting in bad faith; (2) the original cannot be obtained by any available judicial process; (3) the party against whom the original would be offered (a) had control of the original, (b) was at that time put on notice that the original would be the subject of proof at the trial or hearing, and (c) failed to produce it at the trial or hearing; or (4) the writing, recording, or photograph is not closely related to a controlling issue.
