Legal Question in Civil Litigation in California

Is a promissory note stiil good if you don't have the original but you do have a copy.


Asked on 7/22/10, 7:05 pm

2 Answers from Attorneys

Yes, but if challenged in court you will have to prove it is a true and correct copy, and you will have to prove that the original is unavailable.

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Answered on 7/22/10, 11:36 pm
Anthony Roach Law Office of Anthony A. Roach

The best evidence rule has been abolished in California. This means that you do not have to prove that that the original is unavailable. That was the law many years ago, but is not now. California now has what is known as the secondary evidence rule.

"(a) The content of a writing may be proved by otherwise admissible secondary evidence. The court shall exclude secondary evidence of the content of writing if the court determines either of the following:

(1) A genuine dispute exists concerning material terms of the writing and justice requires the exclusion.

(2) Admission of the secondary evidence would be unfair.

(b) Nothing in this section makes admissible oral testimony to prove the content of a writing if the testimony is inadmissible under Section 1523 (oral testimony of the content of a writing).

(c) Nothing in this section excuses compliance with Section 1401 (authentication).

(d) This section shall be known as the 'Secondary Evidence Rule.'"

(Evid. Code, sect. 1521.)

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Answered on 7/23/10, 10:49 am


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