Page:United States Statutes at Large Volume 76A.djvu/494

–398– -398correctly reflect the content of the asserted writings, is irrelevant and inadmissible upon the question of admissibility of the secondary evidence but is relevant and admissible upon the issues of the existence and content of the asserted writing to be determined by the trier of fact. § 2995. Proof of attested writings When the execution of an attested writing is in issue, whether or not attestation is a statutory requisite of its effective execution, no attester is a necessary witness even though all attesters are available unless the statute requiring attestation specifically provides otherwise. § 2996. Photographic copies to prove content of business and public records The content of an admissible writing made in the regular course of "a business" as defined by section 2961 of this title, or in the regular course of business or activity of department or agency of government, may be proved by a photostatic, microfilm, microcard, miniature photographic or other photographic copy or reproduction or by an enlargement thereof, when duly authenticated, if it was in the regular course of the business or official activity to make and preserve such copies or reproductions as a part of the records of the business or office. The introduction of the copy, reproduction or enlargement does not preclude admission of the original writing if it is still in existence. CHAPTER 111—ADMISSIBILITY AND SUFFICIENCY OF EVIDENCE SUBCHAPTER I—GENERAL PROVISIONS

Sec. 3051. 3052. 3053. 3054. 3055. 3056. 3057. 3058. 3059. 3060. 3061. 3062. 3063. 3064. 3065. 3066. 3067. 3068. 3069. 3070. 3071.

Degree of certainty required to establish facts. Number of witnesses to prove fact. Effect of declarations and acts of one person on rights of another. Part of transaction proved; admissibility of whole. Parol evidence rule; agreements reduced to writing. Construction of writings; place of execution. Construction of statutes or instruments; duty of judge. Same; intent; general and particular provisions. Construction of instruments; circumstances. Terms of writing; general acceptation; local or technical meaning. Written words on printed form. Expert testimony in interpretation of instruments. Preference between two constructions of agreement. Notice or writing construed according to ordinary acceptation; notice of protest of bill or note. Construction of statutes or instruments in favor of natural right. Usage, evidence as to. Burden of proof. Proof of afSrmative and negative allegations. Proof of material allegations; relevant evidence. Effect of evidence; instructions to jury. Questions of fact and law. SUBCHAPTER

3101. 3102. 3103. 3104.

II

Kinds of writings. Public writings defined. Private writings defined. Explanation of altered writings.

WRITINGS GENERALLY

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