SYCR: Best Evidence Rule

Question 1

Under BE, a party seeking to prove the contents of a writing needs to either . . .

Answer 1

Produce the original; or

Account for the absence of the original.

Question 2

BER applies to which two things?

Answer 2

Legally operative documents (documents that by their existence create or destroy a legal relationship that is in dispute)

Witness knowledge that comes from a document.

Question 3

BER does NOT apply to which two things?

Answer 3

Facts existing independent of the writing

Collateral Documents (docs of minor importance)

Question 4

Summaries, charts, or calculations of voluminous documents OK as long as . . . (2)

Answer 4

Originals would be admissible if offered; and

Originals are made accessible to the party

Question 5

A duplicate will be admitted under the BER unless . . . (2, or)

Answer 5

A genuine question is raised about authenticity of the original; or

Circumstances make it unfair to admit the duplicate in lieu of the original (excerpts)