Example of when the best evidence rule would apply?

Anonymous Aug 17, 2012 Bankruptcy and Debt 2 views 1 answers

Scenario: A landlord brings unlawful detainer action against a tenant for non-payment of rent. Tenant claims rent is up to date and nothing owed. At trial, landlord admits as evidence a printed copy of an excel spreadsheet which landlord alleges the ledger of rental payments. Tenant admits as evidence check reciepts and money order stubs of his rental payments. When tallied, both tenant and landlords numbers differ. Would the best evidence rule apply here?

Attorney Answer

1

Frank Chen

Frank Chen · Jun 15, 2026

No, this is not really a best evidence rule issue. First of all, California repealed the Best Evidence Rule in 1999 and instead adopted the "Secondary Evidence Rule" by statute (Evidence Code 1521), so that it is normally not necessary to introduce the original of a writing into evidence. California Evidence Code section 412 provides: "If weaker and less satisfactory evidence is offered when it was within the power of the party to produce stronger and more satisfactory evidence, the evidence offered should be viewed with distrust." Evidence Code Section 412 does not incorporate the "best evidence rule," but instead deals with "stronger and more satisfactory" evidence. (Largey v. Intrastate Radiotelephone, Inc. (1982) 136 Cal.App.3d 660, 672.)

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