A paralegal is assisting with the preparation of a civil trial where the plaintiff is seeking damages for breach of contract. The attorney plans to introduce a series of emails between the parties to prove the existence and terms of the agreement. The opposing counsel argues that these emails are inadmissible because they are not the 'original' documents. What evidentiary rule is the opposing counsel invoking, and how can the attorney overcome this objection?
- ABest Evidence Rule (FRE 1002); by showing the emails are originals or duplicates, or that the original is unavailable.
- BRule Against Perpetuities; by demonstrating the contract terms are clear.
- CParol Evidence Rule; by arguing the emails clarify an ambiguous contract.
- DHearsay Rule (FRE 802); by finding an exception to the rule.
Show answer & explanationAnswer & explanation
Correct answer: A. Best Evidence Rule (FRE 1002); by showing the emails are originals or duplicates, or that the original is unavailable.
The 'Best Evidence Rule' (FRE 1002) generally requires the original document when proving its contents. However, duplicates are usually admissible as originals (FRE 1003), and if the original is lost or destroyed, other evidence of its contents may be admitted (FRE 1004). The objection correctly identifies the rule, and the attorney can overcome it by showing the emails are originals/duplicates or explaining unavailability.
Why the other options are wrong
- B. The Rule Against Perpetuities is a property law concept dealing with future interests, completely unrelated to document admissibility in this context.
- C. The Parol Evidence Rule relates to whether prior or contemporaneous agreements can alter a written contract, not whether the documents themselves are 'originals' for evidentiary purposes.
- D. While emails can contain hearsay, the objection specifically targets the 'original' nature of the document, pointing to the Best Evidence Rule.
Best Evidence Rule (FRE 1002)
A rule of evidence that generally requires the original writing, recording, or photograph to prove its contents, unless exceptions apply.
- Applies when proving the content of a document
- Originals include electronic documents
- Duplicates generally admissible (FRE 1003)
- Exceptions for lost/destroyed originals (FRE 1004)
Memory trick: BEST evidence is the ORIGINAL; HEARsay is a NO-GO, PAROL is for CONTRACTS.