best

Episode 40: What is best evidence?

good morning bubbles soccer fans

I'm Kevin Reba and this is my sands

three minutes max you'll recall in the

last few days I've given some defense

experts styles of talks and prior to

that I had talked about using things

like screen shots as evidence and I want

to just expand on that a little bit got

some comments from the videos and we

love the comments so thanks for sending

those in and one of the comments that

was sent in was regarding using

screenshots as evidence and the question

was is that to say that we can never use

that because sometimes that's all we can

get well folks that brings us to

something called best evidence best

evidence is something is a concept where

if you don't have the original and you

have a good reason why you don't have

the original then what you present can

be accepted as best evidence in my talk

I had said that if you don't have the

original and you want to provide a

screenshot or something like that it's

it's kind of up to the judge to decide

whether they want to allow the evidence

or not and some of that you know has

impact from opposing counsel as far as

what might be allowed and what might not

so all of that to say that if it's all

you've got it's better than nothing

however you have to have a good

explanation of why that's all you've got

if there was I don't know life hazard or

something was happening on the screen

and that was the best you could get at

that time and and it was a rapidly

unfolding situation and you had no other

choice or no other methodology to

capture it then it is considered best

evidence and probably will be allowed

maybe there might be other extenuating

circumstances around it but where you

get into trouble with

like that is if you could have done it

properly if there was reasonable time to

do it and you just didn't do it because

of lack of training or lack of

information you didn't know how you

didn't know with what that's where you

run into problems but definitely the

takeaway here is I want everybody

understand I wasn't saying that that oh

no you can't take screenshots that's

going to be unacceptable I'm saying that

it's we can't validate the evidence if

it's just a screenshot but if the

screenshot is best evidence then it's

perfectly fine to introduce it because

it's well it's better than a slap in the

head with a frozen squirrel so we're

gonna go with what we've got so in the

meantime and in between time that's it

another episode of three minutes max