California's Secondary Evidence Rule: Helpful, Yes. But Not an End Run.

Dec 17, 2021

Must documents always be produced to proof their contents? What if the documents are lost or missing? California's secondary evidence rule (Cal. Evid. Code §§ 1521 - 1523) provides a commonsense approach that begins with a simple general rule: "The content of a writing may be proved by otherwise admissible secondary evidence." Cal. Evid. Code § 1521(a). But this general rule of admissibility does not apply if the court finds either (1) a genuine dispute...

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