Probate Trials: What is the Best Evidence Rule?
What is the Best Evidence Rule in Guardianship Litigation? How is it relevant to my Palm Beach probate lawsuit? According to Florida Law, what are the exceptions to this rule? Why is it important that my trial attorney West Palm Beach is very familiar with Best Evidence Rule and the exceptions? If you are involved in a will contest or inheritnce lawsuit, you may want to read this June 1, 2016 Fourth District Court of Appeal(DCA).
Best Evidence Rule in Florida Trials
- The Best Evidence Rule is Section 90.952 of the Florida Statutes.
- It basically states that producing original documents is necessary.
- Producing evidence, or having someone testify in a Delray Beach probate trial, to clarify what was in an original document is not sufficient.
- In other words, the court wants to see the document or video itself rather than have someone testify as to what is in it.
- Your probate litigator West Palm Beach knows that there are, like with the majority of Florida Statutes, exceptions.
- What are they?
- Florida Statute 90.954 states when other evidence, or evidence that is not an original video or document, can be presented.
- For example, other evidence may be permitted when original documents were lost or stolen, as long as they were not destroyed in bad faith.
- To read Florida Statute 90.954, and learn all of the circumstances that would allow evidence outside of the Best Evidence Rule into court, click here.
Rattigan v. Central Mortgage Company
- This June 1, 2016 opinion from the Fourth DCA explains the Best Evidence Rule.
- The Fourth DCA is the appeals court that hears cases from Palm Beach County, Broward County, and Martin County.
- Although this opinion is not a Palm Beach guardianship or probate opinion, it is a good resource for those involved in a trust and estates or inheritance trial in Florida.
- Probate litigators West Palm Beach know that it is essential to be familiar with the Best Evidence Rule.
- This is because probate litigators are trial attorneys and this rule is often present at Palm Beach trials.
- To read the entire case, click here.