Best Evidence Rule Flashcards
Best evidence rule
The plaintiff must prove the content of the writing , photo, or recordings by using the original letter, if available. However, other evidence of the contents of the letter will be admissible only if the judge finds that the original letter is unavailable. Preliminary matters are determined by judge.
The best evidence rule is more accurately called the “original document rule.” The rule is as follows: In proving the terms of a writing (recording, photograph, or X-ray), where the terms are material, the original writing must be produced. Fed. R. Evid. 1002. The rule only applies when the writing is being offered to prove the terms contained within it.
The best evidence rule does not apply to testimonial evidence.
The best evidence rule deals with writings, recordings, and photographs and does not apply to impeachment on collateral issues.
