Best Evidence Rule
The best evidence rule under FRE 1002 requires that to prove content of a writing, recording, or photograph, the original must be produced unless exception applies.
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Exam Tip
Best evidence = CONTENT of writing. If witness saw event, can testify - no document needed. Duplicates usually OK.
What is the Best Evidence Rule?
FRE 1002: Original required to prove content of writing, recording, or photograph.
When Rule Applies
| Situation | Rule Applies? |
|---|---|
| Proving document contents | Yes |
| Legally operative document | Yes |
| Witness saw event | No - can testify |
| Collateral document | No |
Exceptions (FRE 1004)
| Exception | Description |
|---|---|
| Lost/Destroyed | Not in bad faith |
| Unobtainable | Can't get by judicial process |
| Opponent Has It | Notified but didn't produce |
| Collateral Matter | Not closely related to issues |
Duplicates (FRE 1003)
Generally admissible unless genuine question about authenticity or unfair circumstances.