Evidence -- Best Evidence Rule*

Front 1

Best Evidence Rule
(3)

Back 1

1) Applies when evidence being offered to prove contents of a writing
2) Original required
3) Usual circumstances -- case turns on legal writing, knowledge obtained from writing

Front 2

Best Evidence Rule - Writings

Back 2

Documents, videos, photos, x-rays, audio recordings, computer disks, or any tangible collections of data

Front 3

Best Evidence Rule - Exception

Back 3

Voluminous documents exception - can be summarized if originals available for inspection

Front 4

Best Evidence Rule - Originals
(3)

Back 4

1) Computer printouts
2) Certified copies (public documents)
3) Duplicates if produced by same impression that produced original(carbon copy) OR by a machine (photocopy) UNLESS genuine question of authenticity of document itself

Front 5

Best Evidence Rule -- Testimony to Prove Original

Back 5

Admissible unless bad faith involved by proponent of testimony in loss or destruction of original