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California's secondary evidencerule (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." What if the documents are lost or missing? Code § 1521(a). Code § 1271.
By John Patzakis The Best EvidenceRule, as codified in Federal Rule of Evidence 1002, provides that an original writing, recording, or photograph is required to prove the contents of the document. A case out of the federal courts in Texas addressed this issue head on.
One its expert witnesses walked the jury through powerful demonstrative evidence detailing DNA contamination in its crime lab. Must-Know Rule #2: A Substitute for Evidence Cannot Bypass Relevance Like any rule of evidence, the details mustn't swallow the whole. Harrison , 651 F.2d 2d 353, 355 (5th Cir.
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