In which scenario can secondary evidence of a writing be admitted?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

Secondary evidence of a writing can be admitted when the original document is unavailable for reasons other than misconduct. In legal proceedings, there is a preference for using original evidence to ensure authenticity and accuracy. However, the law recognizes that there are situations where the original is simply not accessible due to factors like loss, destruction, or being outside of the jurisdiction. In such cases, secondary evidence, which can take the form of copies or oral testimony about the content of the original, may be introduced to convey the necessary information.

This principle is rooted in the rules of evidence, which allow for this exception to help parties pursue justice even when the original document is out of reach. Other scenarios, such as merely not wanting to present the original or claiming the writing is too complicated to produce, do not meet the legal requirements for admitting secondary evidence. Additionally, while mutual agreement among parties can streamline certain processes, it does not negate the necessity of adhering to the applicable rules regarding the admissibility of evidence when originals are not available for appropriate legal reasons.

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