Best Evidence Rule

Question 1

Best Evidence Rule

Answer 1

To prove the terms of the writing, the original must be produced is the terms of the writing are material. Secondary evidence of writing is admissible only if the original is unavailable.

1. Rule applies to:
   
   1. legally operative or dispositive instrument; or
   2. knowledge of W conerning a fact result from having read it in the document
2. BER does not apply:
   
   1. fact to be proved exists independent of writing
   2. writing is collateral to litigated issue
   3. voluminous records
   4. public records

Question 2

Amissibilty of secondary evidence of contents

Answer 2

Valid excuses justifying admissibility of secondary evidence include:

1. loss or destruction
2. original is in 3rd party outside jurisdiction and unobtainable
3. original is in possession of adversary

Question 3

Parol Evidence Rule

Answer 3

If an agreement is reduced to writing w intent that it embody the full and final expression of the bargain, writing is the agreement and only E of it. Prior or contemporaneous negotiations/agreement are merged, and inadmissible to vary the terms of the writing.

1. Rule does not apply to:
   
   1. incomplete/ambiguous K
   2. reformation of K
   3. challenge to validity of K (void/voidable, condition precedent0
2. PE admissible to show subsequent modifications of K