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Evidence Commons

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Washington and Lee University School of Law

Journal

Hearsay

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Full-Text Articles in Evidence

Contents May Have Shifted: Disentangling The Best Evidence Rule From The Rule Against Hearsay, Colin Miller Dec 2014

Contents May Have Shifted: Disentangling The Best Evidence Rule From The Rule Against Hearsay, Colin Miller

Washington and Lee Law Review Online

The rule against hearsay covers a statement offered to prove the truth of the matter asserted but does not cover a statement offered for another purpose. Meanwhile, the Best Evidence Rule states that a party seeking to prove the content of a writing, recording, or photograph must produce the original or account for its nonproduction. Does this mean that the Rule is inapplicable when a party seeks to prove something other than the truth of the matter asserted in a writing, recording or photograph? Most courts have answered this question in the affirmative. This essay argues these courts are wrong.


A Comparison Of Uniform Rule Of Evidence 63(1) And (4) And Virginia Law Sep 1961

A Comparison Of Uniform Rule Of Evidence 63(1) And (4) And Virginia Law

Washington and Lee Law Review

No abstract provided.


Evidence: Admission Of Agent's Declarations To Prove Course Of Employment Mar 1961

Evidence: Admission Of Agent's Declarations To Prove Course Of Employment

Washington and Lee Law Review

No abstract provided.


Spontaneous Exclamation Improperly Admitted To Prove Agency Mar 1959

Spontaneous Exclamation Improperly Admitted To Prove Agency

Washington and Lee Law Review

No abstract provided.


Reliability Of Declarations Against Penal Interest Mar 1959

Reliability Of Declarations Against Penal Interest

Washington and Lee Law Review

No abstract provided.