Evidence-Wellborn SU2006 Outline

Dispute goes to the jury because if the judge decides

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Unformatted text preview: : Wellborn says you can't piece together 1003 & 1005 In public records, the original is never required...instead what is required is an original certified copy...so Wellborn thinks it would be improper under 1005 for a party to present a duplicate of a certified copy; that's not an original certified copy. BUT what constitutes an original certified copy is simply a matter of the intent of the custodian who creates it....seems very plausible to Wellborn that the clerk made a certified copy and put it in the fax machine, and intends that what comes out will be a certified copy anyway (if it weren't a sister agency, they would charge the receiving party a fee! Ahh!!) Best Evidence Rule: Summaries FRE 1006 FRE 1006: Summaries. The contents of voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at a reaso...
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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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