Relevancy of writings, photos, and recordings

Question 1

Relevant evidence

Answer 1

Admissible, but may be excluded if the probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence

Real, demonstrative, and experimental evidence = permissible (in judge’s discretion)

Question 2

Original vs. duplicate writing, recording, photo

Answer 2

Original is generally required but a duplicate is admissible to the same extent as an original unless it is unfair to admit it or there is a genuine question about authenticity

Question 3

Best evidence rule

Answer 3

Need only one to present documentary evidence when one wants to prove contents of a writing so the writing is a:

1. legally operative document; or
2. W learned about the event solely from the writing or record and has no independent knowledge of the event

Question 4

Summaries

Answer 4

Party may use a summary chart, or calculation if records are voluminous

HOWEVER, proponent must allow the other parties to examine or copy the original/duplicate and the court may order them to be produced

Question 5

Completeness rule

Answer 5

When a party introduces part of a writing/transaction, the other party can ask that the rest of it be introduced as well if, in fairness, the rest ought to be considered contemporaneously with it

By introducing the writing/transaction, the party initially offering the evidence has waived any objections based on hearsay, competency, etc.