California's Secondary Evidence Rule: Helpful, Yes. But Not an End Run.
Evidence at Trial
DECEMBER 17, 2021
But this general rule of admissibility does not apply if the court finds either (1) a genuine dispute exists concerning material terms of the writing and justice requires its exclusion, or (2) admission of the secondary evidence would be unfair. Crown appealed the trial court's ruling, and the Court of Appeal affirmed.
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