Remember that "best evidence" does not equate to "original evidence."
Generally speaking, the rule is that when faced with two competing
versions of a document, the original trumps the copy as the "best
evidence."  A first generation copy trumps a second generation copy when
the original no longer exists, etc.

The classic example of how this works is in the Paul Newman classic
movie "The Verdict."  In the movie trial, the hospital submits the
original medical records in court, the nurse submits a photocopy as
rebuttal evidence, and the court disallows submission of both the copy
(as inadmissible documentary evidence in the face of the original
record) and the testimony as inadmissible hearsay.  James Mason does a
great job arguing the objection.

Best evidence is not an issue, whatsoever, when it is legally necessary
to produce an original document.  In other words, best evidence only
comes into play when a copy would be sufficient as a matter of law.

William Kellermann, Esq.
Director, Corporate Legal Systems
Summation Legal Technologies, Inc.
  A CT Corporation Company
www.summation.com



-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of George Britton
Sent: Tuesday, March 22, 2005 2:28 PM
To: [log in to unmask]
Subject: Re: E-Sign and best evidence advice-absolute destruction of all
imaged hardcopies.


Watch your EPA permits.  Check your retention periods for your
permitting under EPA regulations. Some require the original and not
copies or images.


George H. Britton, Ph. D.
GLP Compliance
Bayer CropScience
17745 South Metcalf
Stilwell, KS 66085
913-433-5485
913-433-5450 fax
[log in to unmask]

List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance

List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance