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f13.net General Forums => General Discussion => Topic started by: Jacob0883 on June 08, 2006, 05:18:37 PM



Title: Lawyer Question
Post by: Jacob0883 on June 08, 2006, 05:18:37 PM
I am having a bit of trouble understanding the best evidence rule.

Are photocopies admissible in a court of law?


Title: Re: Lawyer Question
Post by: Righ on June 08, 2006, 05:27:27 PM
You might need to tell them what juristiction you are inquiring about. I bet it varies by country and even state. But I don't know enough to bet much. :)


Title: Re: Lawyer Question
Post by: Jacob0883 on June 08, 2006, 05:28:46 PM
I am going for a more general answer.  I think I found it out though and it is like the rest of law, it depends....


Title: Re: Lawyer Question
Post by: dusematic on June 08, 2006, 05:52:36 PM
best evidence rule doesn't mean what it used to under the common law, exact copies are legit.


Title: Re: Lawyer Question
Post by: El Gallo on June 08, 2006, 07:21:01 PM
Backing up dusematic, in federal courts the best evidence rule is pretty much a non-issue.  Check out federal rule of evidence 1003:

Quote
Rule 1003. Admissibility of Duplicates

A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original.

Unless there is something pretty fishy going on, the duplicate is fine.
(At least) most state courts follow the same rule, but I hardly ever practice in state courts so I'm not the best person to ask on that one.


Title: Re: Lawyer Question
Post by: dusematic on June 09, 2006, 12:07:08 AM
You should get me an internship at your law firm for next summer.  ill bring my ds.


Title: Re: Lawyer Question
Post by: El Gallo on June 09, 2006, 07:18:49 AM
Bribery will get you everywhere.