Fre 1001 Case Study
Best Evidence Rule
It is a legal principle that holds an original writing, recording, or photograph as superior evidence to prove its content.
(a) Is there a writing under FRE 1001?
FRE 1001 (a) A “writing” consists of letters, words, numbers, or their equivalent set down in any form.
Here, as generally applied in federal courts, the Best Evidence (BE) rule is limited to the case where the contents need to be proven. The BE rule is applicable to the case because the contents of P’s and Mr. Morton’s responding emails are to be proven as what was actually written in these emails are being questioned. A BE objection raised by the defendant’s attorney may be sustained if no exception applies because P testified that she had conveyed her complaint to Mr. Morton via …show more content…
Rule 1002
Requirement of the Original
An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise.
Here, as established supra, these correspondences were transmitted electronically in the form of e-mails. Thus, “original” writing may be evidenced by presenting the record of these emails with their contents. However, an electronic mail itself is an intangible item and unlike a message written down on a piece of paper that is preserved in the form of traditional letters. Accordingly, an email does not produce an “original” writing in a tangible form. Hence, print-out copies of the email messages, of the messages subsequently attached to a separate email or forwarded to another recipient showing that the messages originated from P and Mr. Morton would suffice. The email messages forensically retrieved by a qualified person would also be sufficient.
(c) Can the evidence of the alleged e-mail and its contents be proven even though Mrs. Steinman says that her computer was
It is a legal principle that holds an original writing, recording, or photograph as superior evidence to prove its content.
(a) Is there a writing under FRE 1001?
FRE 1001 (a) A “writing” consists of letters, words, numbers, or their equivalent set down in any form.
Here, as generally applied in federal courts, the Best Evidence (BE) rule is limited to the case where the contents need to be proven. The BE rule is applicable to the case because the contents of P’s and Mr. Morton’s responding emails are to be proven as what was actually written in these emails are being questioned. A BE objection raised by the defendant’s attorney may be sustained if no exception applies because P testified that she had conveyed her complaint to Mr. Morton via …show more content…
Rule 1002
Requirement of the Original
An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise.
Here, as established supra, these correspondences were transmitted electronically in the form of e-mails. Thus, “original” writing may be evidenced by presenting the record of these emails with their contents. However, an electronic mail itself is an intangible item and unlike a message written down on a piece of paper that is preserved in the form of traditional letters. Accordingly, an email does not produce an “original” writing in a tangible form. Hence, print-out copies of the email messages, of the messages subsequently attached to a separate email or forwarded to another recipient showing that the messages originated from P and Mr. Morton would suffice. The email messages forensically retrieved by a qualified person would also be sufficient.
(c) Can the evidence of the alleged e-mail and its contents be proven even though Mrs. Steinman says that her computer was