Evidence-Wellborn SU2006 Outline

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Unformatted text preview: original, you should have brought it! Possible in this case that the defendant has these baked bills.. 4. Collateral matters. The writing, recording, or photograph is not closely related to a controlling issue. a. Farr Case: Zoning. Technically these plaintiffs don't have authority to complain about zoning if they can't prove that they have property in the zoning....need to prove that you own property in the zoning... If I say I "own property" I obtained it by deed and someone objects best evidence rule court will say: This case isn't really about the deed, not going to require original of writing in every case where it gets mentioned. Case is about zoning, not the deed! Best Evidence Rule: Public Records FRE 1005 Scope and purpose of Rule 1005: Production of the original of a public record is never required b/c removing them from their usual place of keeping would be attended by serious inconvenience to the public and the custodian. Instead of the original, proponent must offer a certified or "compared" copy. Only if such a copy "cannot be obtained by the exercise of reasonable diligence" may other evidence of contents be offered. Certified copy need not be a...
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