Multistate Bar Examination Practice Question

In a dispute over a real-estate transaction, the seller offers a scanned copy of the signed purchase agreement after acknowledging that the paper original still exists but is stored off-site. The buyer objects, insisting that only the original document is admissible. Under the best evidence rule, when may the court admit the scanned copy?

  • When no genuine question is raised about the original's authenticity and admitting the duplicate would not be unfair.

  • Only when the original has been lost or destroyed and cannot be obtained.

  • Only if both parties formally stipulate that the scan is accurate.

  • Only when the duplicate is accompanied by a sworn affidavit describing the copying process and chain of custody.

Multistate Bar Examination
Evidence
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