Evidence Law Made Easy: Best Evidence Rule

The Best Evidence Rule is a fundamental principle in the law of evidence that governs the admissibility of written documents or recordings in court. This rule is codified in the Federal Rules of Evidence (FRE) under Rule 1002, which stipulates that to prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided by the rules or by law. The essence of the Best Evidence Rule is to prevent inaccuracies and fraud that might arise from relying on copies or secondary evidence, ensuring that the evidence presented in court is as reliable as possible.

The Best Evidence Rule requires that, when a party seeks to prove the contents of a document, recording, or photograph, the original of that item must be produced in court. The term "original" refers to the actual document or recording itself, as opposed to a copy. This rule is predicated on the notion that the original piece of evidence is the most accurate and reliable source of information regarding its contents. By mandating the presentation of original evidence, the rule aims to preserve the integrity of the evidence and reduce the possibility of misunderstandings, alterations, or distortions that might occur with secondary reproductions.

The requirement to produce the original document, recording, or photograph is based on the principle that the original is the best source of evidence about its contents. This requirement applies when the content of the document is directly in dispute or is relevant to the outcome of the case. For example, if the terms of a contract are at issue, the original contract document must be produced to prove what the parties agreed upon.

However, the Best Evidence Rule is not without exceptions. The FRE and various state laws provide several circumstances under which secondary evidence of a document's content may be admissible, such as:

1. Loss or Destruction: If the original document has been lost or destroyed, and this loss was not due to bad faith on the part of the party seeking to introduce the evidence, a copy may be used.
2. Unavailability of the Original: If the original is not obtainable through any available judicial process or procedure, secondary evidence is allowed.
3. Control by Opposing Party: If the original is in the control of the opposing party, who has been put on notice but fails to produce it, secondary evidence can be introduced.
4. Public Records: Copies of public records are admissible when certified as correct by the public office where they are held.
5. Summaries: In cases where the documents are voluminous and cannot be conveniently examined in court, summaries or charts may be used, provided the original documents are available for examination.

It's important to note that the Best Evidence Rule applies only when the contents of the document are in question. If a fact could be proven through testimony without reference to the document's contents, the rule does not apply.

Definition of Best Evidence Rule Requirement to Produce Original Writing/Recording