1. CHAP. 14: BEST EVIDENCE RULE
P. JANICKE
2006

2. APPLIES ONLY TO: WRITINGS PHOTOGRAPHS RECORDINGS 2006
Chap Best Ev. Rule

3. COUNSEL USUALLY HAVE MANY CHOICES
THERE IS NO GENERAL RULE THAT IN ALL INSTANCES A LAWYER MUST PUT FORTH THE “BEST” EVIDENCE
COUNSEL USUALLY HAVE MANY CHOICES
2006
Chap Best Ev. Rule

4. BEST EVIDENCE RULE [RULES 1002 & 1003]
THE CONTENT OF A WRITING (OR PHOTO OR RECORDING) CAN BE PROVED ONLY BY PUTTING THE ORIGINAL OR A MECHANICAL COPY INTO EVIDENCE
NO WITNESS TELLING US WHAT IT SAID!
2006
Chap Best Ev. Rule

5. EXAMPLES OF BREACH OF THE RULE
WITNESS TESTIFYING: “MY LEASE PERMITTED PETS”
WITNESS TESTIFYING: “MY DIPLOMA SAYS BACHELOR OF ARTS”
2006
Chap Best Ev. Rule

6. “THE PICTURE CLEARLY SHOWED . . . .”
“THE WHOLE THING WAS RECORDED ON TAPE, AND HE ADMITTED STEALING.”
2ND HALF NOT ADMISSIBLE IF WIT. IS RECITING WHAT’S ON THE TAPE
“I HAD AN FROM HIM SAYING TO MEET AT THE OLD HOTEL”
EVERYTHING AFTER “ ” IS A VIOLATION
2006
Chap Best Ev. Rule

7. EXAMPLES OF NO BREACH 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
2006
Chap Best Ev. Rule

8. EXEMPTIONS FROM THE B.E. RULE [RULE 1004]
WITNESS ALLOWED TO TESTIFY TO CONTENTS WHERE:
DOCUMENT IS LOST OR DESTROYED
DOCUMENT NOT OBTAINABLE (WITHHELD BY DISTANT THIRD PARTY)
DOCUMENT IN HANDS OF ADVERSE PARTY
EV. IS ON A MINOR POINT
2006
Chap Best Ev. Rule

9. ONE FURTHER CLASS OF EXEMPTIONS [RULE 1007]
IN ALL INSTANCES:
CAN PROVE THE CONTENTS BY DEPOSITION OR TRIAL TESTIMONY OF THE ADVERSE PARTY, OR BY HIS WRITTEN ADMISSION (E.G., IN A LETTER)
2006
Chap Best Ev. Rule