What Is the Best Evidence Rule in California? | Accuracy in Legal Proceedings

To regulate the validity of evidence in court processes, California, like numerous other states, relies on a system of rules and laws. Many people have heard of the "best evidence rule," which required parties to use an original document to prove what it said.

California no longer follows that rule. This article explains what replaced it and how it is used in the state's legal system.

What Is the Best Evidence Rule in California?

The best evidence rule was a principle that required the use of original documents, unless they were unavailable, to prove the content of a writing. California repealed it (former Evidence Code sections 1500 to 1511) effective January 1, 1999.

In its place, California adopted the Secondary Evidence Rule, found in Evidence Code sections 1520 to 1523. Under this rule, the content of a writing may be proved by an original or by otherwise admissible secondary evidence, such as a copy.

When Does the Secondary Evidence Rule Apply?

The rule applies whenever a party wants to prove what a writing says. In the Evidence Code, a "writing" is broad. It includes documents such as contracts, wills, and deeds, and also photographs, recordings, and electronic records.

A party does not have to show that the original was lost or destroyed before offering a copy. A copy or other secondary evidence is generally allowed unless one of the exceptions below applies.

When a Court May Exclude Secondary Evidence

Under Evidence Code 1521, a court must exclude secondary evidence of the content of a writing in two situations:

• A genuine dispute exists about material terms of the writing, and justice requires that the secondary evidence be excluded; or
• Admitting the secondary evidence would be unfair.

The California Evidence Code also limits oral testimony about what a writing says. Under Evidence Code 1523, oral testimony is generally not allowed to prove the content of a writing. There are exceptions, such as when the original was lost or destroyed without fraudulent intent by the person offering the testimony, or when the original is not reasonably available.

The Importance of Hiring an Attorney Who Understands Evidence Rules

An attorney who understands the Secondary Evidence Rule can help a defendant raise or answer objections about documents, recordings, and other writings offered at trial.

A Sacramento criminal defense lawyer can look at whether a copy offered by the prosecution should be excluded because its material terms are genuinely disputed or because admitting it would be unfair. Goss Law can assist with other questions such as What is the wild beast test?

Goss Law can also answer questions like What is the irresistible impulse test?

Goss Law Is Here to Help!

Those who need help with a criminal case in Sacramento, California, can contact Goss Law today to talk with attorney Blair Goss about their case.