Paul Zartman and Brenda Cameron, Individually v. William G. Zartman, III, Individually and as Successor Co-Trustee of the Marilyn M. Zartman Revocable Trust Kim Zartman

Shepard, Senior Judge.

[1] The common law "best evidence rule" has been formalized through the modern Rules of Evidence employed by both state and federal courts. The series of provisions starting at Rule 1001 cover problems like the one in this case, which turns on the *244 language used in a trust document not presently possessed by either party.

[2] After reviewing such caselaw as exists and a number of respected treatises, we conclude that the trial court wrongly applied Evidence Rule 1008 in the course of a summary judgment proceeding. We remand with directions that the court reconsider that…