best evidence rule

• Marder v. Marder, (Ohio 2008)

Social security payments; credit; child support; deposition; Civ.R. 32; best evidence rule; photocopies; subchapter s corporation; gross income; upward deviation.

• Ohio Supreme Court

• In re T.A., (Ohio 2011)

Judgment affirmed. The trial court commits harmless error when it admits evidence in the record during a bench trial that violates the best evidence rule but later states on the record that it did not give any weight to the controverted evidence. The juvenile’s adjudication of delinquency is not against the manifest weight of the evidence when the state presented evidence from which a reasonable person could conclude that the state proved the offense beyond a reasonable doubt.

• Ohio Supreme Court

• Evidence

...A system of rules and standards that is used to determine which fact... Violates the best evidence rule The original document, rather tha...

• West's Encyclopedia of American Law
• Dou–Fre

• Hil-Roc Condominium Unit Owners Assoc., Inc. v. HWC Realty, Inc., (Ohio 2006)

LEASE, TERMINATOR, BEST EVIDENCE RULE.

• Ohio Supreme Court

• Discover Bank v. Brockmeier, (Ohio 2007)

Credit card dispute; best evidence rule; Civ.R. 56(F); real party in interest.

• Ohio Supreme Court

• What If an Electronic Image Is As Good As It Gets?

Recently, over a salad at lunchtime, a colleague asked me if I thought a decision, made on behalf of one of his clients, to maintain promissory notes solely in electronic format could present evidentiary issues in any litigation that might be commenced later. Lifting both my fork and left eyebrow simultaneously, I responded with the classic lawyer response: "It depends- At the most basic level, the inquiry compels consideration of the best evidence rule, which requires production of the original document when the existence or contents of a document, which include any signatures it contains, are in dispute, Schozer v. William Penn Life Ins. Co. of N.Y., 84 NY2d 639, 643-644 (1994). The rule, however, is flexible in that it recognizes that secondary evidence, including a copy of an origi...

• Daily Record (Rochester, NY)
• May 04, 2007

• Mtge. Electronic Registration Sys.,Inc., v. Mosley, (Ohio 2010)

Standing; waiver; form over substance; beneficial interest in promissory note; mortgage; independent review of magistrate’s decision; sufficiency of the evidence; manifest weight of the evidence; assignee liability; fraud in the inducement; civil conspiracy; agency relationship; de facto agent; apparent agency theory; agency by estoppel; apparent authority; implied covenants of good faith and fair dealing; admissibility of evidence; expert testimony; expert’s failure to offer an opinion; public documents; judicial notice; best evidence rule; authenticity; duplicate of original; R.C. 1303.35(A); Civ.R. 53; Evid.R. 702; Evid.R. 207; Evid.R. 1002; Evid.R. 1003; Loc.R. 21.2(B).

• Ohio Supreme Court

• Scaffidi v. Scaffidi, (Ohio 2005)

Visitation schedule – shared parenting plan – criminal trespass – video camera – videotape – modification – parental rights and responsibilities – change of circumstances – testimony – best interest – competent and credible evidence – Best Evidence Rule – credibility.

• Ohio Supreme Court

• State v. Fitzgerald, (Ohio 2007)

Conspiracy – kidnapping/robbery/burglary, sleeping juror, prejudicial/misleading witness statements, mistrial, manifest weight, sufficiency, Best Evidence Rule – audio recording/transcript, ineffective assistance of counsel, hearsay – party admissions/mental condition/intent.

• Ohio Supreme Court

• State v. Dobrovich, (Ohio 2005)

Waiving the right to counsel in cases involving petty crimes; Crim.R. 44; waiver of right to counsel must involve some discussion of the hazards of self-representation; best evidence rule; Evid.R. 1003; a copy of an answering machine tape does not violate the best evidence rule; pro se defendant is held to the same standard as defendant represented by counsel; defendant cannot assert their own ineffectiveness as reversible error on appeal.

• Ohio Supreme Court