CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Writings
......Best Evidence Rule [Repealed]
.........Original Lost or Destroyed
6 Cards On This Topic:
  • Copy is admissible if original lost or destroyed.
  • Loss or destruction of letter to prison inmate does not make copy introduced by DA inadmissible by best evidence rule.
  • No error to admit secondary evidence of item lost by police where no fraudulent intent & jury made well aware of "frailties" of secondary evidence.
  • Hearsay exceptions re writings: past recollection recorded.
  • Testimony admissible where original document lost.
  • Secondary evidence of contents of lost tape recording admissible under Evid. Code §351.