Writings, Recordings and photographs

Question 1

Best Evidence Rule

Answer 1

• the best evidence is considered the original
• the rule does not apply to objects

Question 2

Best Evidence Rule EXCEPTION

Answer 2

if the original is lost or destroyed, you may use a copy if it is authenticated

Question 3

Authentic

Answer 3

• no evidence of tampering
• start the hypo with the premise the document is authentic (if not, fact will tell us tampering was involved)

Question 4

When does the Best Evidence Rule Apply? 1

Answer 4

1. To prove the CONTENTS of the document itself (which is at issue)

Question 5

When does the Best Evidence Rule Apply? 2

Answer 5

2. Need the document to prove what the witness is testifying
   EXCEPTION
   other evidence can prove testimony

Question 6

Completeness Rule

Answer 6

If one party is admitting a PORTION of the document, the other party can request the WHOLE document to be admitted for fairness