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Author Topic: Best Evidence Rule FRE 1002  (Read 1779 times)

nckzvnbr

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Best Evidence Rule FRE 1002
« on: April 28, 2008, 08:17:19 PM »
Does the best evidence rule (FRE 1002) apply where the plaintiff sues defendant for a fraudulent charge on a credit card and the defendant presents testimony from a waiter that he saw the plaintiff sign the credit card voucher? Would the defendant have to present the credit card voucher? My reasoning was that the defendant would not have to produce the voucher because he was not trying to prove the actual contents of the voucher. Rather the waiter was only testifying to what he had seen and the actual signature on the voucher is collateral. Further, because the waiter had actually witnessed him sign it, rather than merely learning of the signature from the voucher, introduction of the voucher is not required.