
352: Listen and Learn -- Best Evidence Rule
The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond
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The Photo Copy of Walter's Notes
A party must provide the original document or a reliable duplicate when a witness testifies to the contents of the writing. Walter testified that he couldn't remember their conversation before the trial started, so reviewed his notes before he testified. His notes said paula told him she was at fault for the accident because she lost control of her car and crashed into daniel's car. Pulla objected and demanded that walter produce his notes. Walter told the judge that he did not have the original, but he made a photo copy of his notes. The photo copy was admitted into evidence. Well what do you think? Is there a physical document in our hypo? Yes, the photo copy of
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