Flashcards Studio

Developer sues City over a disputed easement. Developer offers a certified copy of a recorded 1988 deed from the county recorder's office. The copy bears the recorder's seal and states that it is a true copy of the recorded deed. City argues that Developer must produce the original deed because the easement language is disputed.
Developer also offers a photocopy of a 1994 environmental permit that Developer's lawyer found in an old project binder. The state agency that issued the permit lost its older paper files in a flood, and the agency's online system begins with permits issued after 2000. Developer's lawyer testifies about calls and written requests to the agency and says no certified copy can be obtained. City objects that the photocopy cannot prove the permit's content.
How should the court analyze the deed and permit under the best evidence rules? Discuss public records, certified or compared copies, reasonable diligence, and any separate hearsay or authentication issues.