5.4 Writings, Recordings, and Photos

The rules for writings, recordings, and photographs primarily concern the [..1..] and the [..2..].

Best Evidence Rule, Completeness Rule

When seeking to prove the content of a writing, recording, or photograph, the […] is generally required.

original

The original document, recording, or photograph is considered the […] of its contents.

best evidence

The Best Evidence Rule prioritizes the […] when its contents are being proven.

original

A copy may be used if the original is unavailable through [..1..] of any party.

no fault

For a copy to be admissible in place of an unavailable original, it must be […], meaning it is trustworthy and not subject to tampering.

authenticated

A copy is generally presumed admissible unless there is evidence of […].

tampering

A copy of a lost deed with smudge marks and alterations near key sections would likely be inadmissible due to evidence of […].

tampering

If an original deed is lost, a [..1..] copy from the clerk's office would generally be admissible if [..2..].

notarized, authenticated

T/F: A clean personal copy of a lost document is always inadmissible because it's not from an official source.

F (It is generally admissible if authenticated and shows no signs of alteration)

The Best Evidence Rule applies when trying to prove the [..1..] of a document, and those contents are [..2..] to the case.

contents, legally important

The Best Evidence Rule applies when a document’s contents are legally […].

operative

In a breach of contract lawsuit, the […] is needed to prove its terms under the Best Evidence Rule.

employment contract

In a lawsuit for breach of warranties in a deed, the […] itself is necessary to prove the existence and terms of the warranties.

deed

The Best Evidence Rule applies when a witness's testimony [..1..] on the document to prove what they are [..2..].

relies, asserting

If a doctor's testimony is about a broken leg diagnosed via an X-ray, the […] would be needed to show the broken leg.

X-ray

The mnemonic aid to remember when the Best Evidence Rule (BER) applies is […].

CT

In the "CT" mnemonic for the BER, "C" stands for proving the […] of the document because it is legally critical.

Contents

In the "CT" mnemonic for the BER, "T" stands for when a witness's […] is about, and depends on, the document's contents.

Testimony

The Best Evidence Rule does not apply if the document's [..1..] or some [..2..] about it is being proven, but not its specific contents.

existence, peripheral fact

T/F: In a car accident negligence case, the Best Evidence Rule would apply to proving ownership of a party's house via their deed.

F (Ownership of the house is a collateral fact, and the deed's specific contents are not at issue)

The Best Evidence Rule does not apply if a witness is testifying from [..1..] about events, even if a document also records those events.

personal knowledge

To prove presence at a restaurant, a witness can testify from personal memory, and a […] is not required under BER if the testimony is not about its specific contents.

receipt

If the specific amount of a restaurant bill was the central fact at issue, the Best Evidence Rule […] apply to the receipt.

would

A key question to assess BER applicability is: "Do you really need that piece of paper to prove what is being asserted, or can it be proven through other means like […] of personal knowledge?".

direct testimony

T/F: You should always select an answer choice stating a document is "inadmissible because of the Best Evidence Rule" if a copy is offered instead of an original.

F (These are often "sucker answers" requiring careful analysis of whether the rule even applies)

The […] applies when one party introduces only a part of a writing or recorded statement.

Completeness Rule

Under the Completeness Rule, the adverse party may, in fairness, require the introduction of any other part that ought to be considered […] with it.

contemporaneously

The purpose of the Completeness Rule is to prevent a [..1..] by ensuring that statements are not taken out of [..2..].

misleading impression, context

The mnemonic aid for the triggers and purpose of the Completeness Rule is […].

PFC

In the "PFC" mnemonic for the Completeness Rule, "P" stands for one party introducing a […] document.

Partial

In the "PFC" mnemonic for the Completeness Rule, "F" stands for the other party seeking admission for […].

Fairness

In the "PFC" mnemonic for the Completeness Rule, "C" stands for providing proper […] to avoid a misleading impression.

Context

The Completeness Rule is triggered when one party offers a […] of a writing or recording, like a single chapter of a book.

fragment

If a fragment of a recording is introduced, the other party may seek to introduce the […] under the Completeness Rule.

remainder

Under the Completeness Rule, additional parts of a document are admitted if necessary for [..1..] and to prevent the initial portion from being [..2..].

fairness, misleading

T/F: The Completeness Rule automatically makes the rest of a document admissible if one party introduces a portion.

F (Admissibility still requires that fairness and context necessitate it)

Success with evidence rules for writings involves approximately 50% knowing the law and 50% careful reading of […].

fact patterns

For Best Evidence Rule questions, you must first determine if the issue is requiring the [..1..] versus allowing a [..2..].

original, copy

If a copy is offered under the Best Evidence Rule, you must assess its […] by checking for evidence of tampering.

authentication

Critically, to apply the Best Evidence Rule, you must determine if the […] of the document are being proven.

actual contents

When analyzing a BER problem, ask if the witness has [..1..] knowledge, as opposed to knowledge solely reliant on the document's [..2..].

independent personal, contents

T/F: The Best Evidence Rule and the Completeness Rule have the same triggers and purposes.

F (They are distinct concepts with different triggers and purposes)