Writings, Recordings & Photographs

Question 1

Best Evidence Rule

(And how does authentication fit in / what is that?)

Answer 1

= the original is the best evidence *this applies to writings, recordings, photos – does NOT apply to objects

EXCEPTION: if original is lost or destroyed, MAY use A COPY IF the copy has been authenticated

“authentic” = there’s NO evidence of tampering

e. g., IS Authentic → copy of K or Warranty Deed from Courthouse; copy with no evidence of tampering
e. g., is NOT Authentic → Warranty Deed with sharpie marks demonstrates tampering

Question 2

When does the Best Evidence Rule apply?

Answer 2

the Best Evidence Rule applies in these TWO Scenarios…

SCENARIO #1) when trying to prove the contents of the document itself

E.g., Trying to prove that Grantor promised certain Warranties → Best Evidence Rule APPLIES b/c proving contents of the Warranty Deed itself

SCENARIO #2) when you need the document to prove what someone is testifying about b/c there’s NO OTHER PROOF to support one’s testimony) – *so IF there IS other proof* to support one’s testimony, then this Rule *does NOT apply

E.g., If Ken is accused of murder, his alibi is that he was at the airport across town, and the only proof he has is his time-stamped airport parking ticket → the Best Evidence Rule APPLIES b/c that ticket is the only proof he has to support his testified alibi

Question 3

Completeness Rule

Answer 3

RULE: when admitting a portion of a document, the WHOLE document may be admitted for fairness

E.g., Party submits pg. 1 of Contract into evidence. Other party may submit the remaining pages of the Contract into evidence.