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Federal Evidence • Documentary Evidence
EVID#112
Legal Definition
An original or duplicate is not required when: (1) The proponent of the evidence does not have possession or control of the writing, and the original is lost or has been destroyed—provided that the loss or destruction occurred without fraudulent intent by the proponent; (2) the proponent cannot obtain possession or control of the original or a duplicate, nor can these be obtained by subpoena or other judicial process; (3) the document's contents are not significant to the main issues of the case, thereby making its detailed presentation unnecessary; or (4) the case involves voluminous data or records where a detailed audit or examination is impractical, and a summary would be sufficient and is more convenient.
Plain English Explanation
In California's courts, the Secondary Evidence Rule allows for flexibility when proving the contents of a document. You don’t always need the original. Here's when alternatives are acceptable:
(1) Lost or Destroyed Documents: If the original is lost or destroyed without your fault, copies are permitted. This applies if the loss was due to circumstances beyond your control, like natural disasters.
(2) Unavailable Documents: If obtaining the original or a copy is impossible through legal channels like subpoenas, you can use the best available version. This ensures legal processes aren't hindered by the unavailability of documents.
(3) Irrelevance to Main Issues: When a document’s content is not pivotal to the main issues of the case, the need for the original can be waived. For example, minor details that don't influence the case outcome might not require stringent proof.
(4) Voluminous Data: For cases involving large volumes of data where reviewing every piece is impractical, summaries are acceptable. This is often used in financial cases where detailed examination of every record would be excessive.
This rule simplifies proceedings by avoiding unnecessary delays over document authenticity, allowing courts to concentrate on more significant aspects of cases.
(1) Lost or Destroyed Documents: If the original is lost or destroyed without your fault, copies are permitted. This applies if the loss was due to circumstances beyond your control, like natural disasters.
(2) Unavailable Documents: If obtaining the original or a copy is impossible through legal channels like subpoenas, you can use the best available version. This ensures legal processes aren't hindered by the unavailability of documents.
(3) Irrelevance to Main Issues: When a document’s content is not pivotal to the main issues of the case, the need for the original can be waived. For example, minor details that don't influence the case outcome might not require stringent proof.
(4) Voluminous Data: For cases involving large volumes of data where reviewing every piece is impractical, summaries are acceptable. This is often used in financial cases where detailed examination of every record would be excessive.
This rule simplifies proceedings by avoiding unnecessary delays over document authenticity, allowing courts to concentrate on more significant aspects of cases.
Hypothetical
Hypo 1: Bob and Sam are in a legal dispute. Bob wants to present a contract as evidence, but he has lost the original. He only has a photocopy. Result: The photocopy is accepted in court because the original is lost, and Bob didn't lose it on purpose.
Hypo 2: Bob is suing Sam over a property dispute. He wants to use an old deed as evidence, but it's held in a foreign country's archive and cannot be brought to court. He has a certified translation of the deed. Result: The court accepts the certified translation since the original is not procurable by legal means.
Hypo 3: In a small claims case, Bob needs to show a receipt for a minor transaction with Sam. The receipt is not crucial to the main issue. He lost the original but has a summary of the transaction details. Result: The court allows the summary since the receipt is not central to the case's main issue.
Hypo 4: Bob is in a contract dispute with Sam. Bob has the original contract but chooses to present a photocopy in court. Result: The court asks for the original since it's available and directly relevant to the case.
Hypo 2: Bob is suing Sam over a property dispute. He wants to use an old deed as evidence, but it's held in a foreign country's archive and cannot be brought to court. He has a certified translation of the deed. Result: The court accepts the certified translation since the original is not procurable by legal means.
Hypo 3: In a small claims case, Bob needs to show a receipt for a minor transaction with Sam. The receipt is not crucial to the main issue. He lost the original but has a summary of the transaction details. Result: The court allows the summary since the receipt is not central to the case's main issue.
Hypo 4: Bob is in a contract dispute with Sam. Bob has the original contract but chooses to present a photocopy in court. Result: The court asks for the original since it's available and directly relevant to the case.
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