Tangible Evidence: The Best Evidence Rule

Question 1

Best Evidence Rule

Answer 1

no describing documents instead of showing them, unless you really need to

Question 2

Best evidence rule is triggered when?

Answer 2

when a witness decribes what a document said

Question 3

What are the contents at issue in the best evidence rule

Answer 3

Documents used as proof

Question 4

Duplicates are admissible, unless:

Answer 4

-there is genuine question as to the authenticity of the original; or
-it would be unfair under the circumstances to admit the duplicate

Question 5

Exceptions to best evidence rule

Answer 5

-Unavailable
-Public records
-Voluminous writings
-Admission by a party

Question 6

Unavailable exception to BER

Answer 6

May introduce other evidence of contents if:

-the original cannot be obtained through any judicial process
-the original has been lost or destroyed (unless done in bad faith) OR
-the original was in the opposing partys control, and the opposing party knew that it was going to be an issue at trial but did not bring it

Question 7

Public records exception to BER

Answer 7

Contents may be proved by a certified copy or by a copy plus the testimony of a person who compared the copy w/ the original

When a certified copy cannot be obtained, the contents may be proved by other evidence

Question 8

Voluminous writings exception to BER

Answer 8

Contents may be proved in the form of a summary or chart (but originals or duplicates must be available for inspection by the other party)

Question 9

Admission by a party exception to BER

Answer 9

The testimony or a written statement of the party against whom the evidence is introduced

Question 10

interpreting BER

Answer 10

-Preliminary questions of fact are resolved by the court

-Question of whether a writing ever existed, whether another writing produced at the trial is original, or whether the evidence of the contents correctly reflects the original are questions of fact for the jury