Nebraska Jury Instruction - Similar Acts Evidence - Rule 40 4b, FRE
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FAQ
The best evidence rule only applies when a party seeks to prove the contents of the document sought to be admitted as evidence. The best evidence rule provides that the original documents must be provided as evidence, unless the original is lost, destroyed, or otherwise unobtainable.
Rule 404(b) states that evidence of other crimes, wrongs, or acts may not be used as evidence of a person's character for ?propensity? purposes ? that is, to show that the person likely acted in a manner consistent with the other crime, wrong, or act in the present case.
This undergirding principle of evidentiary law is called the Best Evidence Rule, also referred to as the original writing rule. The foundation of the Best Evidence Rule is that the original writing, recording or photograph is the 'best' way to prove the actual content of the evidence.
Rule 404. Character evidence; not admissible to prove conduct; exceptions; evidence of other crimes, wrongs, or acts; standard of proof; sexual assault; provisions applicable. (c) Evidence of the character of a witness as provided in sections 27-607 to 27-609.
Annotations. Under the "rule of completeness" in this section, a party is entitled to admit the entirety of an act, declaration, conversation, or writing when the other party admits a part and when the entirety is necessary to make it fully understood.
"Original Documents" is the blanket term used to describe the master copy of legal papers. Most documents you receive are simply a scan, photocopy, or printout of the pages that were filed at court.
The original-writing rule, also known as the best-evidence rule, is an evidentiary rule that requires a party to produce the original writing, recording, or photograph to prove its contents. If the original is unavailable, secondary evidence such as testimony may be admitted.
Original Document means the initially prepared written document or any counterpart intended to have the same effect by the creator.