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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

In a civil action to recover a loan evidenced by a written loan agreement, the original contract was destroyed in a flood. Plaintiff offers a photocopy bearing the defendant's signature; the photocopy is not authenticated. The defendant objects, claiming violation of the best evidence rule. Which of the following statements best reflects the governing doctrine of Liberal Construction of the Rules on Evidence and its application to this scenario?

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Liberal Construction permits admission of secondary evidence when the original is lost or destroyed, provided the proponent proves loss, absence of bad faith, and the secondary evidence is authenticated or corroborated. A photocopy certified as a true copy by the custodian or a competent official may be admitted as secondary evidence. Even with loss of the original, the court must always require production of the original before considering any secondary evidence. The doctrine applies only to civil cases; in criminal cases the best evidence rule must be strictly observed.

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