Writings, Recordings and Photographs

Question 1

What is the best evidence rule?

Answer 1

To prove the contents of a writing, recording or photograph, the original is required except as provided in the FRE

Question 2

What is the independent source rule?

Answer 2

Where a fact to be proved has a source independent from the writing (the fact occured regardless of whether the writing exists) then the contents are not in issue and the Best Evidence Rule does not apply

Question 3

When is other evidence of content admissible?

Answer 3

The original writing is not required and other evidence of the document is admissible if:
1. the writing, recording or photo is collateral and not closely related to a controlling issue
2. all the originals have been lost or destroyed, unless the proponent lost or destroyed them in bath faith
3. the opponent has possession of the original and refused to deliver it
4. testimony or admission by opponent
5. the original cannot be obtained by any judicial procedure, and subpoenas have failed

Question 4

When are summaries of documents admissible?

Answer 4

Contents of voluminous writings, recordings or photos may be presented in a chart, summary or calculation, though originals must be made available at a reasonable time and place for examination or copying