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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a civil action to recover on a loan, the plaintiff offers a scanned printout of CCTV footage showing a negotiation between the borrower and the lender, printed from the bank’s surveillance system. The original video file was destroyed in a flood before trial. The defense objects that the best evidence rule requires production of the original. The trial court excludes the printout. Later, the records custodian testifies that the printout is a true and correct copy made in the ordinary course of business, and that another employee assisted in printing. The plaintiff moves for curative admissibility, arguing that exclusion would result in a miscarriage of justice. The court denies the motion. Is the scanned CCTV printout admissible under curative admissibility? Explain the doctrine, distinguish it from ordinary admissibility rules, and apply to these facts.

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Clara

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