Thanks.
The issue being that the best evidence rule states - in essence - that you need an original document in order to admit evidence.
Rule 1002
To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by Act of Congress.
However, I think the COLB would be admissable under Rule 902 and Rule 1005.
Granted, I’ve never actually seen a hearing like this so I may be wrong.
Anyway, I think these rules would allow the COLB to be admitted and disqualify the alleged Kenyan Birth Certificate.
Your welcome. I don’t have the Rules of Evidence in front of me, but I doubt there would be any serious challenge to the admissibility of the COLB. There is another rule giving a presumption of admissibility to certified government records.
What I think your suggestion pointed out, very astutely, is that the 0 team would want to submit it directly, without waiting for discovery, and say that it resolves the case.
oooops. That’s “You’re welcome”.
Read the complaint, the COLB is not the best evidence, and is part of the controversy/case. As stated, discovery to counter a motion to dismiss would be allowed. Defendants will not put the COLB in a MTD IMO, as it will open Pandoras box they are trying to keep closed.
FAIL
Now, if the court signs subpoena for an authenticated exhibit directly from Hawaiian achives, well that might be a CoLB, but I think the court would likely send subpoena fro the long form only, due to the essence of the issue and the exhibit Orly has filed ... you know, that thing Lucas Smith claims to have secreted out of Kenya.