Does the secondary evidence rule apply to the content of a letter?

California, United States of America


The following excerpt is from People v. Landry, 2 Cal.5th 52, 211 Cal.Rptr.3d 160, 385 P.3d 327 (Cal. 2016):

exclude secondary evidence of the content of writing if the court determines either of the following: [] (1) A genuine dispute exists concerning material terms of the writing and justice requires the exclusion. [] (2) Admission of the secondary evidence would be unfair." Enacted in 1998and thus applicable to defendant's 2001 trialthe secondary evidence rule replaced the best evidence rule, which was repealed. "Under the secondary evidence rule, the content of a writing may now be proved either by an otherwise admissible original ( [Evid. Code,] 1520 or by otherwise admissible secondary evidence ( [Evid. Code,] 1521, subd. (a) ; [citation] ).") (People v. Goldsmith (2014) 59 Cal.4th 258, 269, 172 Cal.Rptr.3d 637, 326 P.3d 239.)

Other Questions


Does the secondary evidence rule apply to the content of a letter? (California, United States of America)
In applying the substantial evidence standard of review, does the court need to view the evidence in the light of the prevailing party? (California, United States of America)
Does the Court have authority to exclude evidence where a defendant has been found to be contrary to the evidence code under section 352 of the California Evidence Code? (California, United States of America)
What is substantial evidence applied for a substantial evidence application to review whether an employer failed to pay a certain amount of wages? (California, United States of America)
What is the substantial evidence standard of review applied to challenges to the sufficiency of evidence in a juvenile proceeding involving criminal behavior? (California, United States of America)
When the evidence is sufficient to sustain some but not all alleged damages, when the evidence does not support all of the damages, will the court reduce the judgment to the amount supported by the evidence? (California, United States of America)
In what circumstances would the defense counsel have objected on the basis of evidence section 1523 of the secondary evidence rule? (California, United States of America)
Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
Does evidence that violates Evidence Code section 1150 need to be objected at trial to preserve the contention on appeal? (California, United States of America)
Is there a "situation" where a plaintiff has been ordered to produce evidence under the Arizona Evidence Code under section 402 of the Evidence Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.