Short and Happy Guide - Chapter 9 Part 2 Flashcards
The Best Evidence Rule actual title of Rule 1002 is:
Requirement of the Original
Best Evidence Rule
Rule 1002
An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise.
Rule 1002
Rule 1002
Best Evidence Rule
What the rule if referring to is not actually an original rather, what the rule is referring to is a writing, recording, or photograph as opposed to ______ __________.
oral testimony
Payment may be proved without producing the written receipt which was given. What rule?
Rule 1002
Earnings may be proved without producing books of account in which they are entered. What rule?
Rule 1002
To apply the rule, you must determine whether the contents of the writing, recording or photograph are sought. to be proved. As noted by the Advisory Committee, “an event may be proved by non documentary evidence, even though a written record of it was made. If however, the event is sought to be proved by the written record, the rule applies. What rule?
Rule 1002