Remove Admissibility Remove Affidavits Remove Hearsay Rule
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California's Secondary Evidence Rule: Helpful, Yes. But Not an End Run.

Evidence at Trial

Code §§ 1521 - 1523) provides a commonsense approach that begins with a simple general rule: "The content of a writing may be proved by otherwise admissible secondary evidence." Even simpler, the secondary evidence rule cannot be used as an end-run around the rules of evidence. Code § 1521(a).

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Judicial Notice: Four Must-Know Rules

Evidence at Trial

Must-Know Rule #2: A Substitute for Evidence Cannot Bypass Relevance Like any rule of evidence, the details mustn't swallow the whole. Just because something is judicially noticeable does not mean it's admissible. Further, a proper foundation was not laid for the admission of statements in Hoich's book." Hoich , 560 F.3d