Best Evidence Doctrine Flashcards
(13 cards)
Under FRE 1002, what is required by the best evidence doctrine?
content of writing must be proven by the writing itself
(i.e. Cannot just TALK about what is in a document or recording unless you bring that document or a copy of that document to court)
What kind of evidence does the Best Evidence Doctrine apply to?
Writings, Photographs, and recordings
Under the best evidence doctrine is a party prevented from testifying to an event which occurred that was CONTEMPORANEOUSLY RECORDED? (in writing, recording, photograph, etc.)
Incidental recording does not bar testimony
BUT if the witness’s testimony bears on the document/recording/photograph, then the document must be brought in. (i.e. if the witness says “I know x happened because I read about it in Y’s email.”
Are duplicates freely admissible under the bets evidence doctrine?
Yes. Unless there is a genuine question about the authenticity to the original OR circumstances would make bringing a duplicate unfair
What sort of writing is EXEMPT from the best evidence doctrine?
If writing is simple (five or less MEMORABLE WORDS) best evidence rule DOES NOT APPLY
Under FRE 1004, when is the best evidence rule WAIVED due to the document being unavailable?
(i.e. when may a witness simply testify to the contents of a writing over the best evidence rule?)
1.) Original was lost or destroyed due to no fault of the proponent
2.) The original is in the hands of an opponent who will not hand it over
3.) Original could not be obtained
4.) The writing, photograph, or recording is not closely related to the controlling issue (i.e. only bears on a corollary issue)
Under FRE 1005 how is the best evidence rule affected if the original document is a public record?
Evidence admissible IF
1.) original of the public record
2.) Certified copy of the public record
3.) testimony of recollection of a public record
Under FRE 1006, what is required in order for summaries of voluminous records to be admissible?
1.) Originals are available to the opposing party
2.) Writings, Photographs, or Recordings are not otherwise inadmissible themselves
3.) Proponent must show that the summary is accurate and that underlying materials are what they purport to be (must lay foundation of authenticity)
Are illustrative aids covered under the FRE 1006 rule allowing admittance of summaries of voluminous evidence?
No.
Under FRE 1007, what is the effect on the best evidence doctrine if the opponent (against whom the evidence is offered) writes a statement confirming the contents of the recording/writing/photograph?
Best evidence rule no longer applies
What is the function of the Judge in best evidence rulings?
Admissibility
What is the function of the Jury in best evidence rulings?
All of the major factual determinations
1.) Did the asserted writing/recording/photograph ever exist
2.) Whether the produced doc at trial is the original
3.) Evidence of the content (statement, copy, etc.) accurately reflects the content of the original
When are summaries of voluminous evidence admissible?
1.) Docs are available to the opposing party
2.) docs themselves must be admissible
3.) Summary is authenticated
