- 4 -
and the best evidence rule. The best evidence objection was made
because the document submitted was a photocopy, not a certified
copy of the opinion. Rule 1002 of the Federal Rules of Evidence
provides:
To prove the content of a writing, recording, or
photograph, the original writing, recording, or
photograph is required, except as otherwise provided in
these rules or by Act of Congress.
Rule 1005 of the Federal Rules of Evidence further provides:
The contents of an official record, or of a
document authorized to be recorded or filed and
actually recorded or filed, including data compilations
in any form, if otherwise admissible, may be proved by
copy, certified as correct in accordance with rule 902
or testified to be correct by a witness who has
compared it with the original. If a copy which
complies with the foregoing cannot be obtained by the
exercise of reasonable diligence, then other evidence
of the contents may be given.
See Fed. R. Evid. 902(4).
Respondent subsequently substituted for the photocopy of the
court of appeals opinion a certified copy of the opinion as
required by rules 1005 and 902 of the Federal Rules of Evidence.
We therefore overrule Gregory and Patricia Ryan's objection based
on the best evidence rule.
We also overrule their hearsay and relevance objections. On
the basis of rule 201(b) of the Federal Rules of Evidence, we
find that the opinion may be admitted under the doctrine of
judicial notice. A court may take notice of another court's
order for the limited purpose of recognizing the judicial act
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011