Best Evidence Flashcards
BEST EVIDENCE RULE
This rule is more accurately called the “original document rule.” To prove the content of a writing, recording, or photograph (defined broadly to include videos, X-rays, and any tangible collection of data;
we’ll use “writing” as shorthand going forward), the original writing must be produced if the terms of the writing are material. Secondary evidence of the writing, such as oral testimony, is admissible only
if the proponent provides a satisfactory excuse for the original’s absence. The key inquiries are:
* What does it mean to “prove the contents” of a writing?
* What is an “original?”
* What are the exceptions to the
“Originals” and Admissibility of “Duplicates”
The terms “original” and “duplicate” are defined as follows:
* Original—The writing itself or any counterpart that is intended by the person executing it to have the same effect as an original. This includes the negative of a photograph or any print of it, or the printout or other readable output of electronically stored information.
* Duplicate—An exact copy of an original made by mechanical means (for example, a photocopy or carbon copy).
