Best Evidence Rule

Question 1

FRE 1001:DEFINITIONS THAT APPLY TO THIS ARTICLE

Answer 1

In this article:
(a) A “writing” consists of letters, words, numbers, or their equivalent set down in any form.
(b) A “recording” consists of letters, words, numbers, or their equivalent recorded in any manner.
(c) A “photograph” means a photographic image or its equivalent stored in any form.
(d) An “original” of a writing or recording means the writing or recording itself or any counterpart intended to have the same effect by the person who executed or issued it. For electronically stored information, “original” means any printout–or other output readable by sight–if it accurately reflects the information. An “original” of a photograph includes the negative or a print from it.
(e) A “duplicate” means a counterpart produced by a mechanical, photographic, chemical, electronic, or other equivalent process or technique that accurately reproduces the original.

Question 2

FRE 1002 Requirement of the Original

Answer 2

FRE 1002: An orginal riting, recording or photograph is required in irder to prove its content unless these rules or a federal statuew provides otherwise.

Question 3

FRE 1003: Admissibilty of Duplicates

Answer 3

Question 4

FRE 1004: Admissibilty of Other evidence of content

Answer 4

Question 5

FRE 1006 Summeries to Prove Content

Answer 5

The proponent may use a summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court. The proponent must make the originals or duplicates available for examination or copying, or both, by other parties at a reasonable time and place. And the court may order the proponent to produce them in court.

Question 6

FRE 1007 Restimony or Statemetn of a party to prove Content

Answer 6

Question 7

Best Evidence Analysis

Answer 7

o First you have to AUTENTICATE your document ——> Is the document what you say it is?
o Do you need the original?
o Is it hearsay?