Flashcards Studio
Practice bar questions and get clear AI feedback on every answer.
Question
In a civil dispute over a contract, the original parchment contract went missing following a data room cleanup. The movant seeks to admit a scanned PDF of the contract as secondary evidence on a conditional basis, arguing that the original is unavailable and that the scan faithfully reproduces its contents and metadata. The custodian testifies that the PDF is a true and accurate reproduction, including recording date and marginal notes. The opposing party objects that the original parchment is not available and questions the fidelity of the scan. The trial court admits the scanned PDF on conditional grounds, stating it may be used only if the original is proven unavailable or properly authenticated; the copy remains provisional until those conditions are satisfied. (a) Identify the central doctrine governing conditional admissibility of secondary evidence in this context. (b) Distinguish the controlling rule regarding original versus duplicate evidence and the conditions for conditional admission. (c) Apply the doctrine to these facts: is the scanned PDF admissible now? what must be shown to make it fully admissible, and what issues could still affect its reliability or weight?