Evidence Best Evidence Rule

Front 1

Best Evidence Rule, California

Back 1

Secondary Evidence Rule; Prop 8 Exempts this rule.

Front 2

Best Evidence Rule

Back 2

The proponent must offer the ORIGINAL document ONLY when evidence is offered to prove the contents of a “writing” (any tangible collection of data); the terms of the writing are material. Secondary evidence of the writing is ONLY admissible if the original is not available (OR voluminous record).

Front 3

Best Evidence Rule, Applicable

Back 3

(1) The writing is a legally operative or dispositive instrument, OR (2) Knowledge of a witness concerning a fact results from having read it in the document.

Front 4

Best Evidence Rule, NOT Applicable

Back 4

(1) Fact exists independent of the writing, (2) Writing is collateral to the matter in controversy, (3) Summary of Voluminous Documents (Oral testimony OK), (4) Certified Public Records (Or testified to as correct).

Front 5

Best Evidence Rule, “Original”

Back 5

also includes: Duplicates (unless there is a genuine question as to the authenticity of the original) (NOT handwritten notes, unless original not available.) California: handwritten notes and other evidence of contents are OK.