Rule 1001-1004

Question 1

The “Best Evidence Rule”

Answer 1

Purpose to prevent fraud or deceit

No rule requires the best evidence

Always look to see if there is someone who had first-hand knowledge then we do not require best evidence rule. Only when no witness available and trying to prove content.

Question 2

Rule 1001 Definitions

Answer 2

Duplicate: means a counterpart produced by a mechanical, photographic, chemical, electronic, or other equivalent process or technique that accurately reproduces the original.

Question 3

Rule 1002 requirement of the original

Answer 3

An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise.

Question 4

Rule 1003

Answer 4

A duplicate is admissible to the same extent as the original unless a genuine question is raised about the original’s authenticity or the circumstances make it unfair to admit the duplicate.

Question 5

Rule 1004 admissibility of other evidence of content

Answer 5

An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if:

(a) All the originals are lost or destroyed, and not by the proponent acting in bad faith;
(b) An original cannot be obtained by any available judicial process;
(c) The party against whom the original would be offered had control of the original; was at that time put on notice, by pleadings or otherwise, that the original would be a subject of proof at the trial or hearing; and fails to produce it at the trial or hearing; or
(d) The writing, recording, or photograph is not closely related to a controlling issue.