Is a video recording a "writing" for purposes of the secondary evidence rule?

California, United States of America


The following excerpt is from People v. Pham, G046219 (Cal. App. 2013):

A video recording is a "writing" for purposes of the secondary evidence rule. (People v. Panah (2005) 35 Cal.4th 395, 475.) Under the secondary evidence rule, Evidence Code section 1521, "(a) The content of a writing may be proved by otherwise admissible secondary evidence. The court shall 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. [] (b) Nothing in this section makes admissible oral testimony to prove the content of a writing if the testimony is inadmissible under [Evidence Code] [s]ection 1523 . . . ."

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