Writings, Recordings, and Photographs

Question 1

Writing, Records, and Photographs

Requirement of Original (Best Evidence Rule)

Answer 1

The Best Evidence Rule requires that where the party is trying to prove the contents of the document, the original document must be submitted, or if it is not the original document, an explanation that is satisfactory must be given as to why the original document is not submitted. The original is the item itself or any counterpart intended to have the same effect as the original. The writing must be a legally operative document or the witness learned about the event solely from the writing or record and has no independent knowledge of the event. The production of the original may be excused if the original was lost or destroyed but not in bad faith, cannot be obtained by legal process, the original is in the hands of the other party, or the contents of the original is merely a collateral issue.

Question 2

Writing, Records, and Photographs

Summaries

Answer 2

A party may use a summary, chart, or calculation if records are voluminous. However, the proponent must allow the other parties to examine or copy the originals or duplicates and the court may order them to proceed. The originals must be made available to the party opponent so that they can examine them for accuracy and authenticate them.

Question 3

Writing, Records, and Photographs

Completeness Rule

Answer 3

When a party introduces part of a writing or transaction, the other party can ask that the rest of it be introduced as well if, in fairness, the rest ought to be considered contemporaenously with it. By introducing the writing or transaction, the party intially offering the evidence has waived any objections based on hearsay, competency, etc.