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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

In a civil action for breach of a confidentiality agreement, the plaintiff, Lila Santos, sues Echelon Tech, Inc. The confidentiality agreement (CA-18-02) was executed on February 20, 2018 and kept in the company’s human resources file. A flood on November 5, 2024 destroys the HR file; the original CA-18-02 cannot be found. A certified true copy of the CA remains in Echelon’s records. In proving the terms of CA-18-02, Santos offers the certified copy. (a) Identify the controlling doctrine about original documents and secondary evidence that applies to this fact pattern. (b) Is the certified true copy admissible to prove the CA’s terms? State the conditions that must be satisfied, and the role of the destruction of the original. (c) If the copy is not admissible as offered, what other documentary evidence or steps could properly prove the CA’s terms under the same doctrine?

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The controlling doctrine is the best evidence rule; a certified true copy may be admitted as secondary evidence when the original has been lost or destroyed, provided the copy is properly authenticated and the proponent shows due diligence to locate the original; the destruction of the original triggers the exception and allows the copy to prove the terms. A certified true copy is admissible only if the document is a public instrument; for private contracts like a confidentiality agreement, the original must always be produced. The admissibility of a certified copy turns on whether the document is in electronic form and whether the electronic record has been properly authenticated. A certified copy is admissible automatically if it bears a notarial certification, without needing to prove authenticity or due diligence to locate the original.

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