We can see the best evidence rule
(106) as a method for maintaining such higher standards contexts.
The effect of the initiative became moot in 1999 when the legislature replaced the Best Evidence Rule with the Secondary Evidence Rule by the required super-majority.
Like the Best Evidence Rule, the Secondary Evidence Rule disfavors the use of testimony to prove the contents of a writing.
210-14 (arguing that the Best Evidence Rule
provides better grounds for
1948) (stating that the best evidence rule
is more than a "legal cliche" and must be enforced).
On the one hand, Friedman eschews a universally applicable expansionary best evidence rule
, limiting his endorsement of that idea to the authentication requirement.
Since no case law has dealt exclusively with the best evidence rule
for electronic signatures in Australia, a decision of the High Court of Australia rendered before the passing of the Evidence Act, 1995 is significant.
As for the requirements of the Best Evidence Rule
, a logical reading indicates that digital photographs are admissible under that rule.
32) Florida's codification of the best evidence rule
To address the problem of the great number of copies and the loss of original documentation, the courts have adopted the Best Evidence Rule
In general, computerized records are subject to the hearsay rule, the best evidence rule
, and the authentication requirement.
Accordingly, "Hearsay and best evidence rules
(are not to be) applied to prevent an expert witness from giving the basis of his opinion" of value.