Evidence-Wellborn SU2006 Outline

Would violate self incrimination so if the ds have

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Unformatted text preview: ch otherwise could not be played back. o Ex: Not bad faith destruction. Negligent destruction. Original not obtainable. Must show that: o The original is in possession of a third party and o That proponent has unsuccessfully sought to obtain the original from the third party by appropriate subpoena duces tecum. Original in possession of opponent Party must show that: o Possession or control of the original is by the opponent o That the opponent had been notified at a time sufficiently in advance of the hearing to have brought the original. Collateral Matter writing which is not part of the underlying dispute Ex: Plaintiffs could establish their standing as aggrieved owners in a zoning case by their testimony, without producing title instruments. Ex: Plaintiffs in action for rent could testify that he purchased the premises from lessor and took assignment of the lease, without producing title documents. NEVILLE CONSTRUCTION CO. v. COOK PAINT & VARNISH CO. [Admissibility of other evidence of...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas.

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