Evidence-Wellborn SU2006 Outline

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Unformatted text preview: nts in a letter admitting a negligent act rule applies to the letter Rule inapplicable when the writing contains a matter that a party can prove without the writing! Example: Person who heard an oral conversation may testify to the content of the conversation even if a tape recording exists. Example: Witness with knowledge could testify to the cost of items, in lieu of producing written records. "No evidentiary rule prohibits a witness from testifying to a fact simply because the fact can be supported by written documentation." Example: A corporate officer with personal knowledge could testify to the amount of fringe benefits paid to an employee, without producing written company records. *On the other hand, if the witness lacks independent knowledge, but derives his knowledge from the written records, then his testimony in lieu of the records would violate the rule! Rule inapplicable when a claim is made that the written records have been examined and do not contain a certain matter! Rule does not apply to evidence that a writing merely exists! No on...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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