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Fed. R. Evid. 1002.
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1What is the best evidence rule?
What is the best evidence rule?2Does the best evidence rule require that a party produce the party’s best or most persuasive evidence?
Does the best evidence rule require that a party produce the party’s best or most persuasive evidence?3For purposes of the best evidence rule, what constitutes a writing?
For purposes of the best evidence rule, what constitutes a writing?4For purposes of the best evidence rule, what is a recording?
For purposes of the best evidence rule, what is a recording?5What constitutes an original writing or recording for purposes of the best evidence rule?
What constitutes an original writing or recording for purposes of the best evidence rule?6Is a printout of electronically stored information considered an original for purposes of the best evidence rule?
Is a printout of electronically stored information considered an original for purposes of the best evidence rule?7For purposes of the best evidence rule, what is a photograph?
For purposes of the best evidence rule, what is a photograph?8Is a negative of a photograph considered an original of the photograph for purposes of the best evidence rule?
Is a negative of a photograph considered an original of the photograph for purposes of the best evidence rule?9Under what circumstances does the best evidence rule apply to a party’s use of a writing, recording, or photograph?
Under what circumstances does the best evidence rule apply to a party’s use of a writing, recording, or photograph?10If an event was documented in a writing, recording, or photograph, but a party seeks to prove that event through nondocumentary evidence, must the ...
If an event was documented in a writing, recording, or photograph, but a party seeks to prove that event through nondocumentary evidence, must the party comply with the best evidence rule?11A drugstore chain sued a sunglasses manufacturer for breach of contract, alleging that the manufacturer consistently supplied defective merchandise...
A drugstore chain sued a sunglasses manufacturer for breach of contract, alleging that the manufacturer consistently supplied defective merchandise and then refused return of the items. The chain buyer testified that it cost the company $31,850.19 to procure the allegedly defective merchandise. The manufacturer objected and moved to strike, arguing that the chain was required to produce the original receipts for the sales. How should the court rule on the objection?12For purposes of the best evidence rule, what is a duplicate of a writing, recording, or photograph?
For purposes of the best evidence rule, what is a duplicate of a writing, recording, or photograph?13May a digitally enhanced photograph or video be considered a duplicate of the photograph or video for purposes of the best evidence rule?
May a digitally enhanced photograph or video be considered a duplicate of the photograph or video for purposes of the best evidence rule?14In general, is a duplicate of a writing, recording, or photograph admissible to the same extent as the original under the best evidence rule?
In general, is a duplicate of a writing, recording, or photograph admissible to the same extent as the original under the best evidence rule?15Under what circumstances will a duplicate of a writing, recording, or photograph fail to satisfy the best evidence rule?
Under what circumstances will a duplicate of a writing, recording, or photograph fail to satisfy the best evidence rule?16A federal employee filed a complaint alleging that the employee’s employer engaged in national origin discrimination. The federal agency agreed and...
A federal employee filed a complaint alleging that the employee’s employer engaged in national origin discrimination. The federal agency agreed and granted the employer 60 days from receipt of the agency’s decision to accept or reject the decision. The employer issued its rejection 72 days after the agency decision and the employee sued in federal court. The employer argued that its rejection was timely because it received the agency decision 15 days after it was issued. At trial, the employer moved to admit a photocopy of the EEOC decision with a partially smeared date stamp to prove the date of receipt. The employee objected, arguing that the duplicate violated the best evidence rule. Should the court admit the evidence?17Must a party seeking to admit a duplicate of a writing, recording, or photograph prove that the original is unavailable?
Must a party seeking to admit a duplicate of a writing, recording, or photograph prove that the original is unavailable?18Does the best evidence rule apply to oral testimony if a witness has personal knowledge of the facts to which the witness is testifying?
Does the best evidence rule apply to oral testimony if a witness has personal knowledge of the facts to which the witness is testifying?19Does the best evidence rule apply to oral testimony if a witness’s only knowledge of the facts to which the witness is testifying comes from viewin...
Does the best evidence rule apply to oral testimony if a witness’s only knowledge of the facts to which the witness is testifying comes from viewing or listening to a writing, recording, or photograph?20Is secondary evidence ever permissible to prove the contents of a writing, recording, or photograph?
Is secondary evidence ever permissible to prove the contents of a writing, recording, or photograph?21Under what circumstances is an original writing, recording, or photograph not required under the best evidence rule?
Under what circumstances is an original writing, recording, or photograph not required under the best evidence rule?22Does the best evidence rule require that a specific type of secondary evidence be used to prove the content of a writing, recording, or photograph ...
Does the best evidence rule require that a specific type of secondary evidence be used to prove the content of a writing, recording, or photograph in the absence of the original?23A defendant was charged with willfully failing to pay taxes. Before he was indicted, his wife filed for divorce. The defendant’s wife’s lawyer inte...
A defendant was charged with willfully failing to pay taxes. Before he was indicted, his wife filed for divorce. The defendant’s wife’s lawyer interviewed the defendant and tape-recorded the interview. During the interview, the defendant made several incriminating statements. After the interview ended, the lawyer had her paralegal transcribe the tape. The tape was later erased and reused in the regular course of business. The defendant filed a motion in limine, asking that the prosecutor be barred from using the transcript of the interview on the ground that it violated the best evidence rule because the original recording was not available. How should the court rule on the motion?24Under what circumstances may the content of an official public record be proved by a copy of the record instead of the original record?
Under what circumstances may the content of an official public record be proved by a copy of the record instead of the original record?25Is it the court’s role to determine whether a party seeking to prove the contents of a writing, recording, or photograph may do so with secondary e...
Is it the court’s role to determine whether a party seeking to prove the contents of a writing, recording, or photograph may do so with secondary evidence?26In a jury trial, is it the jury’s role to determine whether secondary evidence of the content of a writing, recording, or photograph accurately ref...
In a jury trial, is it the jury’s role to determine whether secondary evidence of the content of a writing, recording, or photograph accurately reflects the content?27May a party prove the content of a writing, recording, or photograph by using the testimony, deposition, or written statement of the party against ...
May a party prove the content of a writing, recording, or photograph by using the testimony, deposition, or written statement of the party against whom the evidence is being offered?28May a party ever introduce a summary of writings, recordings, or photographs to prove their content rather than admitting the writings, recordings,...
May a party ever introduce a summary of writings, recordings, or photographs to prove their content rather than admitting the writings, recordings, or photographs themselves?29Is there a numerical threshold that writings, recordings, or photographs must meet to be considered so voluminous that their content may be proved ...
Is there a numerical threshold that writings, recordings, or photographs must meet to be considered so voluminous that their content may be proved by summary evidence?30If the proponent of summary evidence does not make the underlying writings, recordings, or photographs available for examination or copying by othe...
If the proponent of summary evidence does not make the underlying writings, recordings, or photographs available for examination or copying by other parties, will the summary be admissible?31Must summary evidence offered to prove the content of voluminous writings, recordings, or photographs accurately reflect the underlying materials o...
Must summary evidence offered to prove the content of voluminous writings, recordings, or photographs accurately reflect the underlying materials on which the summary is based?32May summary evidence offered to prove the content of voluminous writings, recordings, or photographs be based on inadmissible evidence?
May summary evidence offered to prove the content of voluminous writings, recordings, or photographs be based on inadmissible evidence?33A television evangelist was charged in federal court with mail and wire fraud arising from deceptive fundraising. In the prosecutor’s case-in-chief...
A television evangelist was charged in federal court with mail and wire fraud arising from deceptive fundraising. In the prosecutor’s case-in-chief, a federal agent testified that he had watched 200 hours of the evangelist’s television programs and edited those 200 hours into five hours of tape. The agent testified that the edited footage was an accurate representation of the evangelist’s television fundraising. The agent also offered a tape of the full 200 hours of video if needed by the court. The evangelist objected, arguing that the edited tapes violated the best evidence rule. The evangelist insisted that programs themselves, rather than an edited version of the programs, must be admitted into evidence. How should the court rule on the motion?34The defendant, a home builder, was charged with conspiracy to defraud mortgage lenders in the subprime housing market. At trial, a cooperating co-d...
The defendant, a home builder, was charged with conspiracy to defraud mortgage lenders in the subprime housing market. At trial, a cooperating co-defendant testified for the prosecution about loan documents that contained misrepresentations used to obtain financing for unqualified homebuyers. The loan documents were largely made and kept by the title company and the co-defendant admitted he had no personal knowledge of how the documents were made or kept. During his testimony, the co-defendant repeatedly referenced a chart that summarized the loan documents. The prosecutor moved to admit the chart as a summary to prove content. The defendant objected, arguing that the loan documents were inadmissible hearsay and that any summary was therefore inadmissible. How should the court rule on the motion?35What is the difference between demonstrative evidence and a summary offered to prove content?
What is the difference between demonstrative evidence and a summary offered to prove content?36May a summary of a writing, recording, or photograph be used as secondary evidence to prove the content of the writing, record, or photograph if th...
May a summary of a writing, recording, or photograph be used as secondary evidence to prove the content of the writing, record, or photograph if the original is unavailable?37For what purpose can a jury use a summary to prove content?
For what purpose can a jury use a summary to prove content?38Is a limiting instruction required if a court admits a summary to prove content?
Is a limiting instruction required if a court admits a summary to prove content?39Must the person who creates a summary to prove the content of a writing, recording, or photograph, or who lays the foundation for the admission of ...
Must the person who creates a summary to prove the content of a writing, recording, or photograph, or who lays the foundation for the admission of the summary into evidence, qualify as an expert in the relevant subject matter?40An employee of the city of San Juan, Puerto Rico, sued his employer for disability discrimination. The employee argued that he was demoted because ...
An employee of the city of San Juan, Puerto Rico, sued his employer for disability discrimination. The employee argued that he was demoted because of his disability. The city countered that the demotion was due to excessive absenteeism. A city supervisor prepared a summary chart showing the employee’s work attendance record over the past 20 years. The city called the supervisor at trial. After asking a series of questions about the supervisor’s method of preparing the chart, the prosecutor moved for its admission. The employee objected, arguing that only an expert can lay a foundation for a summary or chart. Should the court admit the chart?41What is the rule of completeness?
What is the rule of completeness?42Does the rule of completeness generally apply to oral statements?
Does the rule of completeness generally apply to oral statements?43Under what circumstance is a portion of a written or recorded statement admissible as a matter of fairness?
Under what circumstance is a portion of a written or recorded statement admissible as a matter of fairness?44When must an opposing party seek to introduce additional evidence that she claims should be considered in fairness under the rule of completeness?
When must an opposing party seek to introduce additional evidence that she claims should be considered in fairness under the rule of completeness?45Does the rule of completeness automatically make the entirety of a writing or recorded statement admissible if the proponent has admitted only a po...
Does the rule of completeness automatically make the entirety of a writing or recorded statement admissible if the proponent has admitted only a portion of the writing or recorded statement?46In order to introduce the remainder of a statement or a related statement, what foundation must the opponent of an admitted written or recorded sta...
In order to introduce the remainder of a statement or a related statement, what foundation must the opponent of an admitted written or recorded statement lay?47A sailor brought a negligence claim against a ship’s owners after he slipped and fell while on board the ship, dislocating his shoulder. The sailor...
A sailor brought a negligence claim against a ship’s owners after he slipped and fell while on board the ship, dislocating his shoulder. The sailor alleged that he slipped on water on the floor of the galley. The ship owners maintained that the floor was dry and that the sailor had been out drinking the night before, came to work drunk, and fell as a result of his intoxication. The sailor offered a one-page summary of his hospital record which outlined his injury and treatment. It did not mention alcohol intoxication. The ship owners immediately moved to contemporaneously admit a separate portion of the hospital record that mentioned the sailor was acutely intoxicated. The sailor objected on the ground that the rule of completeness only allowed for admission of the remainder of a written or recorded statement but did not allow for the admission of a separate statement.How should the court rule?48The defendant was charged with receipt of material involving the sexual exploitation of minors. The defendant gave a videotaped statement to the po...
The defendant was charged with receipt of material involving the sexual exploitation of minors. The defendant gave a videotaped statement to the police in which he confessed to the crime and also made wide-ranging statements about his prior prison sentence, his remorse, and his church activities. The prosecution introduced a redacted version of this statement showing the jury only the portion related to the confession. The defendant moved under the rule of completeness to admit the remainder of the statement because it would humanize him and show his contrition. The prosecutor objected that the remainder of the videotape was not relevant and was therefore inadmissible. How should the court rule?49Do courts have a consensus on whether the rule of completeness is a rule of timing or a rule of admissibility?
Do courts have a consensus on whether the rule of completeness is a rule of timing or a rule of admissibility?50A defendant was charged with possession of marijuana and felony possession of a firearm. The gun was found under the defendant’s bed next to a stas...
A defendant was charged with possession of marijuana and felony possession of a firearm. The gun was found under the defendant’s bed next to a stash of marijuana. The defendant gave the police a written statement that said the defendant knew the marijuana was there but the defendant did not know about the gun. At trial, the agent who interrogated the defendant testified that the defendant wrote that the defendant knew the marijuana was there. The defense objected that these words, taken alone, were misleading and asked that the full statement be admitted under the rule of completeness. This circuit uses the rule of completeness as a rule of admissibility. Will the defendant’s statement about the gun be admitted at the same time as the statement regarding the marijuana?