CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Writings
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Secondary Evidence Rule
.........Summary of Law
4 Cards On This Topic:
Proof of the content of a writing by otherwise admissible secondary evidence.
Trial court, during court trial on prior, properly admitted faxed copy of original AL indictment page under secondary evidence rule [EC 1521].
As unauthenticated list of names and witness' statements inadmissible hearsay, they were not "otherwise admissible" for secondary evidence purposes; secondary evidence must "meet the threshold requirement of being trustworthy."
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.