What happens if a genuine question is raised about the authenticity of the original document?

Master the Evidence Bar Exam. Study with flashcards and multiple choice questions, each providing hints and explanations. Prepare confidently for your exam!

When a genuine question arises regarding the authenticity of the original document, the correct outcome is that the duplicate cannot be admitted into evidence. This principle is rooted in the rules surrounding the hearsay exception and the precedence of original documents over duplicates. According to the best evidence rule, when the original of a document exists and is available, it must be produced unless it is shown to be unavailable for a legitimate reason.

The concern about authenticity means that if there are doubts regarding the original document's legitimacy, the duplicate becomes inherently unreliable. The court needs to ascertain the original document's authenticity to ensure that any evidence presented is credible. Only after resolving these concerns can the relevance and admissibility of any duplicates be evaluated. Thus, unless the original document can be confirmed authentic, the duplicate is not permissible as it does not carry the same weight as the original, which speaks directly to the foundation requirements for its admission.

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