ND Bar Practice Questions - North Dakota Bar Examination Exam

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A litigant seeks to prove the contents of a written contract by having a witness testify orally about what the contract said, without producing the contract itself, which is available. Under the best-evidence rule (FRE 1002), this is:

Permissible, because oral testimony is always allowed Impermissible only if the contract is notarized Permissible only in civil cases Generally impermissible to prove the contents of a writing; the original (or a permissible duplicate) must be produced unless an exception applies

Correct Answer:

Generally impermissible to prove the contents of a writing; the original (or a permissible duplicate) must be produced unless an exception applies

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