Here’s an interesting factoid you can make use of to amaze and astound your opposing counsel. The Best Evidence Rule, Texas Rule of Evidence 1002, applies only when the the originals are located in Texas. It’s true. It surprised me too.
Kerlin v. Arias, a per curiam opinion issued by the Texas Supreme Court on November 14, 2008, has some interesting allegations and facts relating to challenges to historical chain-of-title to property on South Padre Island and some more routine reaffirmations of what must be contained in affidavits to constitute an affidavit. But what jumped out at me was the holding that Petitioners did not need to produce the original of a deed located in Mexico in response to a Best Evidence objection. Why? Because the Best Evidence Rule has an exception set out in Rule 1004. The Best Evidence Rule does not apply when “no original is located in Texas.”