Contents

Question 1

the best evidence rule applies where

Answer 1

-the contents of a writing are at issue:

• W without personal knowledge introduces the contents of a doc into ev as proof of what it says
• the content of a writing directly affects legal rights that are at issue in the case
• W’s testimony is reliant on the writing

-the fact set to be proven is material to the litigation

Question 2

a duplicate is admissible to the same extent as an original unless

Answer 2

-genuine q is raised about the original’s authenticity
or
-circ make it unfair to admit the duplicate

Question 3

when an original is not required (other ev of the content of a writing, recording or photo is admissible)

Answer 3

• all orig lost or destroyed
• original unavailable
• party refuses to produce originals
• document not colsely related to the controlling issue

Question 4

copies of a public record to prove the contents are permitted when

Answer 4

• it’s otherwise admissible

- certified correct or testified to correct by someone who compared it w the orig

Question 5

summaries to prove content are ok when

Answer 5

they’re of stuff that can’t be convieniently examined in ct

-must make originals or duplicates available to the other parties at a reasonable time and place

Question 6

testimony or statement of a party to prove content

Answer 6

proponent may prove the contents of a writing, recording, photo, by testimony, depo or written statement
by the party against whom the ev is offered.
-don’t need the original