Deutsche Bank National Trust Co. v. Clarke

At a trial in a mortgage foreclosure case, the plaintiff did not introduce the original note into evidence. The original note had been filed with the clerk of court and was in the court file in preparation for an earlier scheduled summary judgment hearing. With this explanation, the trial judge admitted a copy of the note in evidence without a best evidence rule objection from the defendants. Later, the trial judge granted the defendants’ motion for dismissal for the plaintiffs failure to offer the original note and mortgage in evidence at the trial. We reverse because the plaintiff satisfied…