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Arbitration – Best Evidence Rule – Investment Contracts – Document Imaging – Original Unavailable – Discrepancies — Witness Credibility (access required)

Capps v. Blondeau An investment firm’s practice was to scan the signature page of an investor’s contract and destroy the original after 90 days. A sample, or specimen, contract was also kept on file. Given the differences between the specimen contract and the scanned signature page from plaintiff’s contract, the trial court could find that there was no duplicate of plaintiff’s contract available. We affirm the trial court’s denial of defendants’ motion to compel arbitration.

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