The use of the term “expert” in the Rule does not, however, mean that a jury should actually be informed that a qualified witness is testifying as an “expert.” Indeed, there is much to be said for a practice that prohibits the use of the term “expert” by both the parties and the court at trial.
For more on the best evidence rule, see Practice Note, Evidence in Federal Court: Basic Principles: Best Evidence Rule and Using Documents as Evidence Checklist: Using the Best Evidence. NO (cont'd) YES YES (cont'd) The item is inadmissible. YES NO NO YES YES NO NO Is the item an original under FRE 1001(d) and 1002? offered as evidence of material fact (not for impeachment) more probative on the issue than other reasonably available evidence. the general purpose of the rules and the interests of justice will be served. sufficient notice of intent to use. Good ex – Dallas County – old newspaper case about 50 yr old lightning strike