PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Declarations & Affidavits
.........Documents Attached
............Secondary Evidence Rule
12 Cards On This Topic:

The content of a writing may be proved by an otherwise admissible original.

Secondary Evidence Rule.

Oral testimony is not admissible to prove the content of a writing.

Admissibility of printed representation of computer information.

Admissibility of printed representation of images stored on a video or digital medium.

Photostatic, microfilm or other photographic reproductions and copies made as business records admissible as originals.

Official record of writing is prima facie evidence of existence and content of original recorded writing.

Certified copy of official record must state it is correct copy of original.

Copy of writings in custody of public entity is prima facie evidence of existence and content of such writing or entry.

Although secondary evidence rule may change best evidence rule in some respects, certification rules not undercut by it. Compliance with certification reqs in SVP probable cause hearing implements secondary evidence rule.

Best evidence rule does not apply when copies of documents not incorporated by reference in decl. and declarant’s statements not dependent on docs, but on own personal knowledge.

Consideration given exhibits attached to SJ affidavit depends on nature of exhibit, competency of affiant to identify it, and purpose offered.