CHAP 14 BEST EVIDENCE RULE Prof JANICKE 2020

CHAP. 14: BEST EVIDENCE RULE Prof. JANICKE 2020

APPLIES ONLY TO: • WRITINGS • PHOTOGRAPHS • RECORDINGS 2020 Chap. 14 -- Best Ev. Rule 2

FOR OTHER KINDS OF EVIDENCE: • THERE IS NO GENERAL RULE THAT A LAWYER MUST PUT FORTH THE “BEST, ” OR EVEN THE MOST RELIABLE, EVIDENCE 2020 Chap. 14 -- Best Ev. Rule 3

THE BEST EVIDENCE RULE: • FED. RULES 1002 & 1003 – ASSIGNED 2020 Chap. 14 -- Best Ev. Rule 4

WHAT VIOLATES THE BEST EVIDENCE RULE: • ** A WITNESS TELLING US WHAT THE DOCUMENT SAID, OR WHAT THE PHOTO SHOWED, OR WHAT THE RECORDING CONTAINED! 2020 Chap. 14 -- Best Ev. Rule 5

EXAMPLES OF BREACH OF THE BEST EVIDENCE RULE • WITNESS TESTIFYING: “MY LEASE PERMITTED PETS” • WITNESS TESTIFYING: “MY DIPLOMA SAYS BACHELOR OF ARTS” >> 2020 Chap. 14 -- Best Ev. Rule 6

EXAMPLES OF NO VIOLATION OF THE RULE • WITNESS TESTIFYING: “I SIGNED A LEASE” • WITNESS TESTIFYING: “I MAJORED IN LIBERAL ARTS” • IN BOTH CASES, THE WITNESS IS TELLING EVENTS, NOT TELLING THE CONTENT OF A DOCUMENT 2020 Chap. 14 -- Best Ev. Rule 7

EXEMPTIONS FROM THE B. E. RULE • RULE 1004 - ASSIGNED 2020 Chap. 14 -- Best Ev. Rule 8

ONE FURTHER CLASS OF EXEMPTIONS • RULE 1007 - ASSIGNED – CAN ALWAYS PROVE A DOCUMENT’S CONTENTS BY TESTIMONY OF THE ADVERSE PARTY, OR BY HIS WRITTEN ADMISSION (e. g. , IN A LETTER) 2020 Chap. 14 -- Best Ev. Rule 9

PROBLEMS/CASES • 14 E • 14 F • Meyers 2020 Chap. 14 -- Best Ev. Rule 10