Evidence-Wellborn SU2006 Outline

Unless the proponent is excused from production of

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Unformatted text preview: not apply when a party can prove the matter without a writing! Notes: Woman testifies: I gave birth to my darling child Snookums on June 1st, 2006 Objection moves to strike; birth certificate is best evidence......birth of Snookums is not a writing, not attempting to prove the terms or contents of the writing, objection sustained. The fact that there exists a writing, and maybe a reliable writing so what? That happens all the time! Two cases in which the rule does kick in and then you have to deal with it automatically: Some legal events can only occur by means of a writing; a will, a lease, conveyance of real property By force of law a party must produce these writings in order to make their case Law doesn't require a writing but the party chooses because it is persuasive to make use of a writing (contents of the writing being used). Ex: In a normal negligence case if the defendant has made damaging admissions in the letter, it's not permissible for a party who read the letter to recite its terms, on...
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