Title: What is the Best Evidence Rule? | uslawessentials
Headings: What is the Best Evidence Rule?
What is the Best Evidence Rule?
The Best Evidence Rule: Requirement of the Original
Don’t Get Tricked
What if there is no Original Document?
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United States Law: An Introduction for International Students

Content: In some cases it’s just impossible to enter the original document. Let’s say a party lost his receipt or the photograph is gone. Now the rule will require the party to explain why he can’t enter the original into evidence and the court might choose to accept secondary evidence instead. Please look at Federal Rule of Evidence 1004 for circumstances where a court will likely admit secondary evidence. Among other things, Rule 1004 provides that secondary evidence will be accepted if the original was lost or destroyed but not as a result of bad faith action by the party that seeks to testify about its contents. Also, if the party that is in control of the document refuses to disclose it or if there is no way to obtain the document through judicial process a court is likely to admit the secondary evidence. Exam Tip
On an exam, watch out for a scenario where an attorney asks a witness, “What was in the document?” This likely indicates that the Requirement of the Original rule will apply. On the other hand, if a witness is not being asked about a particular document, then the rule should not apply. Sure, a document might help to corroborate or disprove a witness’s testimony, but the rule does not require the party to offer a document into evidence.