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LSDefine

Simple English definitions for legal terms

best evidence rule

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A quick definition of best evidence rule:

The best evidence rule is a legal principle that applies when someone wants to use a document, recording, or photo as evidence in court, but the original is not available. If the original is lost or destroyed, the person must explain why. If the reason is acceptable, they can use a copy of the document instead. However, this rule only applies when someone wants to prove what the document says, not just that it exists. Copies of documents are usually allowed in court, but if someone questions their authenticity, the original must be produced.

A more thorough explanation:

The best evidence rule is a legal principle that applies when a party wants to use a writing, recording, or photograph as evidence in a trial, but the original is not available. In such cases, the party must provide a valid reason why the original is not available. If the court finds the reason acceptable, the party can use secondary evidence to prove the contents of the document.

The best evidence rule only applies when a party seeks to prove the contents of the document sought to be admitted as evidence. For example, if a witness testifies that they made a payment without entering a receipt for the payment into evidence, the best evidence rule does not require the receipt to be entered.

Most information is stored electronically these days, so the original of an electronically stored piece of evidence includes an archive or printout of that information. For instance, if a party would like to enter a series of emails into evidence, they can print out the emails and use the printout as an original for satisfying the best evidence rule.

Duplicates of written, recorded, or photographic evidence are also admissible in court unless a genuine question is raised about the authenticity of the original or it is unfair to admit the duplicates due to the specific circumstances. For example, a party can enter a copy of a lease contract in a landlord-tenant dispute. However, if the opposing party claims that the copy of the lease contract provided is fraudulent, the best evidence rule requires that the original lease contract must be produced in such a scenario.

Whether a proponent has met the requirement for “admitting other evidence of the content of a document” is determined by the court. In a jury trial, however, the jury determines whether an asserted writing, recording, or photograph ever existed, whether another writing, recording, or photograph produced at trial is the original, or whether other evidence of content correctly reflects the content.

Berne Convention | best interests of the child

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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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