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9. The defendant's testimony is
A plaintiff sued a defendant for dissolution of their year-long partnership. One issue concerned the amount of money the plaintiff had received in cash. It was customary for the defendant to give the plaintiff money from the cash register as the plaintiff needed it for personal expenses. The plaintiff testified that, as he received money, he jotted down the amounts in the partnership ledger. Although the defendant had access to the ledger, he made no changes in it. The defendant seeks to testify to his memory of much larger amounts he had given the plaintiff.
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B is incorrect. The testimony is admissible as relevant, firsthand knowledge evidence, not because the «door had been opened.»
C is incorrect. The best evidence rule does not apply to testimonial evidence.
D is incorrect. There are no facts that support the idea that the defendant failed to challenge the accuracy of the ledger or that he adopted it as the truth. The defendant can certainly offer testimony on matters within his firsthand knowledge, and the mere fact that there may be contradictory evidence in the ledger does not foreclose his testimony.