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Unformatted text preview: t the evidence as a chattel or a writing. o In reaching his decision, the trial judge should consider the policy-consideration beyond the rule (to preserve accuracy, precision, and avoid risks of error in memory as to the writing) Because the writing in this case was simply, the inscription "D-U-F" there was little danger that the witness would inaccurately remember the terms of the "writing" The shirt with a laundry mark would not, under ordinary understanding, be considered a writing and would not therefore be covered by the best evidence rule. Notes: Wellborn likes quote from McCormick who does an excellent job of explaining why there is a special rule for writings that does not apply to other things: With words in a law case it is generally necessary to get them absolutely right, small differences in the words can make big differences in legal outcome. In oral testimony recollection or in a manually made copy, there is risk of error....so why take that risk unless you have to!! This is basically the way the doctrine is structured: There are several excuses for non-production of the original, but there certainly is this strong preference for the original. Best Evidence Rule: Requirement of Original; "To Prove the Content" [FRE 1002]
FRE 1002: Requirement of Origina...
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