Writings, recordings, photographs Flashcards
Best evidence rule
When we are trying to produce writings, recordings, pictures we need the original copy.
What if no original through no fault of anyone?
We can use a copy, as long as the copy is authenticated. You can presume the copy is okay as long as there is no evidence of tampering.
when does the best evidence rule apply?
It applies when youre trying to prove the contents of the document itself.
EX: Suing for breech of warranties for breech of deed. Want to prove the warranties in the deed are true, so best ev applies OR based on what you’re testifying about you need this piece of paper
Completeness rule?
Where one party admits a part of a writing and now you want to bring in the whole thing out of fairness because you think the section is now out of context. You want to show the full picture.
