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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a civil action to recover on a promissory note, the plaintiff offers a scanned image of the original note that was stored in the bank’s electronic loan system. The hard-copy note was destroyed in a vault fire before trial. The defense objects that the best evidence rule requires production of the original. The trial court excludes the scanned image. Later, the bank’s records custodian testifies that the scanned image is a true and correct copy created in the ordinary course of business and that another bank employee assisted in printing the copy. The plaintiff moves for curative admissibility, arguing that exclusion would result in a miscarriage of justice. The court denies the motion. Is the scanned image admissible under curative admissibility? Explain the doctrine, distinguish it from ordinary admissibility rules, and apply to these facts.

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Clara

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