TTTBE #76: Early Answer for Patrons (Patreon)

Most of you were not fooled by this trick question, including Thomas!

That's right, the correct answer is "D," because this isn't a "best evidence" rule question at all -- it's actually a "present recollection refreshed" question.  The prosecutor isn't trying to get the transcript admitted; he's trying to get the witness to offer specific testimony.

Don't believe me?  Just check out Rule 1003 of the Federal Rules of Evidence; that's the best evidence rule.  The rule governing refreshing the witness's recollection is FRE Rule 612.

Only (D) correctly dealt with the correct rule.

Of the other answers, you can take some comfort if you picked either (B) or (C); both are reasonably accurate applications of the best evidence rule.  To be admissible, a document must be authenticated, and Rule 1003 also permits photocopies (with some exceptions).

The only truly terrible answer is (A), which is both the wrong rule and a misstatement of it.

Thomas is now 42-for-76 (55.3%).