Best evidence rule: Difference between revisions
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The '''best evidence rule''' is a rule of [[evidence (law)|evidence]] in the [[United States]] that requires that when writings are introduced as evidence in a [[trial]], the original writing ''must'' be produced |
The '''best evidence rule''' is a rule of [[evidence (law)|evidence]] in the [[United States]] that requires that when writings are introduced as evidence in a [[trial]], the original writing ''must'' be produced as the "best evidence." In Federal practice, however, any exact copies of the original carry the same legal weight as the original unless their authenticity is in question. |
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The term "writing" has been liberally interpreted to include photographs, X-Rays, and films (note that for photographs and film, this could be construed to mean [[Negative (photography)|negatives]], not prints, as they are the true 'original'). |
The term "writing" has been liberally interpreted to include photographs, X-Rays, and films (note that for photographs and film, this could be construed to mean [[Negative (photography)|negatives]], not prints, as they are the true 'original'). |
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Revision as of 14:44, 24 July 2005
| Evidence |
|---|
| Part of the law series |
| Types of evidence |
| Relevance |
| Authentication |
| Witnesses |
| Hearsay and exceptions |
| Other common law areas |
The best evidence rule is a rule of evidence in the United States that requires that when writings are introduced as evidence in a trial, the original writing must be produced as the "best evidence." In Federal practice, however, any exact copies of the original carry the same legal weight as the original unless their authenticity is in question.
The term "writing" has been liberally interpreted to include photographs, X-Rays, and films (note that for photographs and film, this could be construed to mean negatives, not prints, as they are the true 'original').
The rule applies in two situations:
- Where the terms of the writing are legally dispositive in the issue at bar (not collateral documents or issues).
- Where the witness's sole knowledge of a fact comes from having read it in the document.
An exception exsists where if the original document is unavailable for reasons other than serious misconduct of the proponent, secondary sources of evidence (e.g. oral testimony) can be used in place of the original.