CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Relevance
......Demonstrative Evidence
.........Tape Recordings; Transcripts
............Best Evidence Rule Not Applicable
9 Cards On This Topic:
  • Best evidence objection not applicable to tape.
  • Best evidence rule defined.
  • Where both a tape recording of a conversation and a witness to the conversation are available at trial, testimony of witness is not barred by best evidence rule [then applicable law].
  • Recordings and transcripts thereof are not subject to best evidence objection.
  • When conversation taped and both witness' testimony and tape are introduced at trial, best evidence rule not applicable.
  • Secondary evidence of lost tape record admissible.
  • Testimony re what witness has seen or heard is best evidence even if subject of testimony reduced to writing or recorded.
  • Transcript of tape recording not inadmissible by best evidence rule, even though much of tape unintelligible.
  • Copy of tape recording admissible when original also in court.