California's Secondary Evidence Rule: Helpful, Yes. But Not an End Run.
Evidence at Trial
DECEMBER 17, 2021
Put another way, if documents are not available, a witness may testify about the documents' content so long as (1) the testimony is "otherwise admissible," and (2) allowing the testimony is not unfair. Crown move to compel arbitration, and it relied on an employee declaration from Ms. Id , §1521(a)(1), (2).
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