Wednesday, May 18, 2011

The best evidence rule.

Practice point: Plaintiff did not dispute the existence of defendant's affidavit, or the accuracy of the reproduction, and so the rule should not have been invoked to bar consideration of the reproduction.

Students should note that the rule requires the production of the original writing if its contents are in dispute and sought to be proven.

Billingy v. Blagrove, NY Slip Op 03986 (2d Dept. 2011).

Tomorrow's issue is defamation.