Evidence-Wellborn SU2006 Outline

The court may order that they be produced in court

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Unformatted text preview: l process or procedure Court says theoretically they could try to force the D's to bring the stolen money, but they wouldn't have to respond to that...would violate self-incrimination. So if the D's have the bills then they are not obtainable by legal process. a. Texas: You are excused from non-production of the original if it is not in Texas...it does not exist! Don't have to compel production of the original if you know the d's have taken the original to Oklahoma. b. Federal Rules don't require you to compel the d to bring the original if they have taken it outside the country (Even though the language seems to imply otherwise ANY available judicial process or procedure) 3. Original in possession of opponent. If party (a) offers secondary evidence of the writing, and if party opponent (b) objects not the best evidence, but (b) has the original and (b) had reason to expect that it's terms would be put in evidence in the case (either express or implied noticed.), then when (b) objects to the secondary the proper response is: You have the...
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