The best evidence rule generally requires an original or acceptable duplicate when a party seeks to prove the contents of a writing, recording, or photograph.
Why the best evidence rule matters
The best evidence rule matters because disputes about the contents of a document or recording can be distorted by memory, summary, or incomplete copies. The rule helps ensure that the actual content is proved through the original or a legally acceptable substitute.
The rule does not mean the “best” evidence in a general sense; it applies to proving contents.
Where the best evidence rule appears
The best evidence rule appears in trials, exhibit disputes, contract cases, video and audio evidence, written-record disputes, photograph disputes, and objections to testimony about document contents.
Practical example
A party wants to prove the exact wording of a contract. The court may require the contract itself or an acceptable duplicate rather than a witness’s rough memory of the wording.
How the best evidence rule differs from nearby terms
The best evidence rule differs from authentication because authentication asks whether an item is what it claims to be. The best evidence rule asks what proof is required when the contents of a writing, recording, or photograph are being proved.
Related terms
Quick knowledge check
Why is the best evidence rule about proving contents rather than choosing the strongest evidence overall?