What is the Best Evidence Rule? How is it relevant to my Florida probate lawsuit? Are there exceptions to this rule in the Florida Statutes? What should my Palm Beach trust and estates litigator know about this rule? If you are involved in an inheritance or guardianship lawsuit, you may want to read this June 1, 2016 Fourth District Court of Appeal(DCA).
Best Evidence Rule, Guardianship Lawsuits, and Probate Litigation
- 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 knows that there are, like with the majority of Florida Statutes, exceptions.
- What are they?
Rattigan v. Central Mortgage Company
- This June 1, 2016 opinion from the Fourth DCA explains the Best Evidence Rule.
- Although it is not a Florida probate opinion, it is a good resource for those involved in a guardianship lawsuit or a trust and estates matter 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.