Evidence-Wellborn SU2006 Outline

United states v rangel best evidence rule originals

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Unformatted text preview: ly the original letter will be competent. This happens a lot more often than category one people choose to use written records often to prove their cases because they are more convincing than someone's recollection of events. Best Evidence Rule: Originals and Duplicates FRE 1001(3)(4); FRE 1003 FRE 1001(3): Original An "original" of a writing or recording is the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it. An "original" of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an "original." There can be more than one "original": If each party to a contract, lease, sale or other transaction receives or retains a copy of the instrument that embodies or evidences the transaction, each copy is an original. "Customer copy" of credit card transaction = original. The phrase "the writing itself" means the wr...
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