The best evidence rule is a legal principle that holds an original copy of a document as superior evidence. The rule specifies that secondary evidence, such as a copy or facsimile, will be not admissible if an original document exists and can be obtained.
The best evidence rule is a rule of evidence that requires that original documents be used to prove the contents of writing, photograph or the like unless it is unavailable. If unavailable, then a duplicate may be used under the current evidence rules.
As codified in Evidence Code Section 1500, the Best Evi- dence Rule provides: Except as otherwise provided by statute, no evidence other than the original of a writing is admissible to prove the content of a writing. This section shall be known and may be cited as the best evidence rule.
1521. (a) The content of a writing may be proved by otherwise admissible secondary evidence. The court shall exclude secondary evidence of the content of writing if the court determines either of the following: (1) A genuine dispute exists concerning material terms of the writing and justice requires the exclusion.
210. “Relevant evidence” means evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action.
A witness testifying in the form of an opinion may state on direct examination the reasons for his opinion and the matter (including, in the case of an expert, his special knowledge, skill, experience, training, and education) upon which it is based, unless he is precluded by law from using such reasons or matter as a ...
Section 1291 - Offered against party who previously proffered it (a) Evidence of former testimony is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and: (1) The former testimony is offered against a person who offered it in evidence in his own behalf on the former occasion or ...
The Reader's Digest Version: Evidence Code § 1109 permits admissible of evidence of prior uncharged acts of domestic violence to show propensity to act in a certain way as long as the prosecutor gives proper advance notice of this and defendant does not object.
775. The court, on its own motion or on the motion of any party, may call witnesses and interrogate them the same as if they had been produced by a party to the action, and the parties may object to the questions asked and the evidence adduced the same as if such witnesses were called and examined by an adverse party.
(a) No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation is admissible or subject to discovery, and disclosure of the evidence shall not be compelled, in any arbitration, administrative adjudication, civil action, or other ...
Section 1401 - Prerequisite to admission (a) Authentication of a writing is required before it may be received in evidence. (b) Authentication of a writing is required before secondary evidence of its content may be received in evidence. Enacted by Stats. 1965, Ch.
Evidence Code 1103 Explained. Evidence Code 1103 states that a defendant in a sexual assault case is prohibited from presenting evidence or testimony regarding the alleged victim's prior sexual conduct or sexual reputation to prove whether consent was given.
Section 1235 permits an inconsistent statement of a witness to be used as substantive evidence if the statement is otherwise admissible under the conditions specified in Section 770--which do not include surprise on the part of the party calling the witness if he is the party offering the inconsistent statement.
402. (a) When the existence of a preliminary fact is disputed, its existence or nonexistence shall be determined as provided in this article.
Rule 608(a) as submitted by the Court permitted attack to be made upon the character for truthfulness or untruthfulness of a witness either by reputation or opinion testimony.
CA Codes (civ:1354)
1354. (a) The covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless unreasonable, and shall inure to the benefit of and bind all owners of separate interests in the development.
803. The court may, and upon objection shall, exclude testimony in the form of an opinion that is based in whole or in significant part on matter that is not a proper basis for such an opinion.
702. (a) Subject to Section 801, the testimony of a witness concerning a particular matter is inadmissible unless he has personal knowledge of the matter. Against the objection of a party, such personal knowledge must be shown before the witness may testify concerning the matter.
701. (a) A person is disqualified to be a witness if he or she is: (1) Incapable of expressing himself or herself concerning the matter so as to be understood, either directly or through interpretation by one who can understand him; or (2) Incapable of understanding the duty of a witness to tell the truth.
This rule governs judicial notice of an adjudicative fact only, not a legislative fact. (2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned. (2) must take judicial notice if a party requests it and the court is supplied with the necessary information. (d) Timing.
LEXIS 1372. Ev C § 912 clearly provides that it is the holder of the privilege who may waive the privilege, either by disclosing a significant part of the communication in question or by manifesting through words or conduct consent that the communication may be disclosed by another.
Evidence of a statement is not made inadmissible by the hearsay rule if the statement: (a) Purports to narrate, describe, or explain an act, condition, or event perceived by the declarant; and (b) Was made spontaneously while the declarant was under the stress of excitement caused by such perception.
“Writing” means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations ...
As used in this article, "proffered evidence" means evidence, the admissibility or inadmissibility of which is dependent upon the existence or nonexistence of a preliminary fact.
If a witness is not testifying as an expert, his testimony in the form of an opinion is limited to such an opinion as is permitted by law, including but not limited to an opinion that is: (a) Rationally based on the perception of the witness; and (b) Helpful to a clear understanding of his testimony. Enacted by Stats.