California's Secondary Evidence Rule: Helpful, Yes. But Not an End Run.
Evidence at Trial
DECEMBER 17, 2021
California's secondary evidence rule (Cal. 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.
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