Evidence-Wellborn SU2006 Outline

Example because the district court could admit any

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: d receive the original. (Unless the proponent is excused from production of the original under 1004 [Ex: original has been destroyed by opposing party] and can thus use ANY secondary evidence to prove the contents, including a duplicate) 2) In the circumstances it would be unfair to admit the duplicate. Example Inadmissible. In a prosecution for theft of a Social Security check from the mail, it was improper to admit an incomplete photocopy of the check as evidence. Example Inadmissible. Photocopy of date-stamped DOJ decision letter was inadmissible where key information therein was barely legible and original was never produced. Example-Inadmissible. Proper to exclude photocopies, prepared in anticipation of litigation of business records of plaintiff Japanese corporation, where the original records were in Japan, plaintiff offered no excuse for failure to produce them, and d had no opportunity to examine the originals to determine whether other, omitted portions, might have been relevant. Unfair gi...
View Full Document

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.

Ask a homework question - tutors are online