Evidence-Wellborn SU2006 Outline

Ex in a normal negligence case if the defendant has

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Unformatted text preview: ls To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required except as otherwise provided in these rules or by law. Notes: FRE 1002 states the best evidence rule. The rule only applies, and requires production of the original, when a party seeks to prove the content of the original. The Best Evidence Rule applies in two situations: Writing itself is the thing to be proved Ex: Written contracts, deeds, wills, libels, or materials claimed to be obscene Substantive law accords ultimate legal significance to the writing by operation of the statute of frauds, parole evidence rule, etc. Therefore, in these instances the transaction can only be proven by the writing, and a party seeking to prove it must necessarily prove the content of the writing, and must comply with the best evidence rule. Ex: In prosecution for fraud, best evidence rule applied to proof of contents of letter alleged to be fraudulent. Party chooses to use writing as evidence of a matter Ex: In a negligence case P offers to establish D's negligence by D's stateme...
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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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