🦅
Federal Evidence • Documentary Evidence
EVID#110
Legal Definition
When evidence is offered to prove the material term of a writing, the original writing must be produced. Duplicates are admissible as originals (unless they are handwritten notes). There is an exception for summaries of voluminous documents.
Plain English Explanation
The best evidence rule mandates the use of an original document to prove its contents, ensuring no details are lost or altered. However, duplicates, such as Xerox or scanned copies, are generally acceptable unless there are specific challenges to their authenticity or fairness. Handwritten copies, while not excluded, require careful consideration regarding their accuracy and completeness. However, if the document is really long, like a giant report, you can use a summary instead of the whole thing.
Hypothetical
Hypo 1: Bob rents an apartment to Sam. There's a dispute over whether Sam can keep pets. Bob says the lease prohibits pets, but Sam argues it doesn't. In court, Bob tries to summarize the lease's terms verbally. Result: The court asks for the actual lease document to check the pet policy, applying the Best Evidence Rule. Bob's verbal summary isn't enough.
Hypo 2: Sam accuses Bob of sending a threatening email. In court, Sam presents a printed copy of the email. Result: The court accepts the printout as it's a duplicate of the original digital email, complying with the Best Evidence Rule.
Hypo 3: Bob's company is being sued by Sam's company for allegedly breaking a business contract. During the trial, Sam's lawyer wants to use a report to prove that Bob's company didn't meet the agreed performance standards. This report is enormous, consisting of over 2,000 pages of detailed data and analysis. It's impractical to bring the whole report into the courtroom or go through every page during the trial. Result: The court allows Sam's lawyer to use a summary of the report instead of the entire document, as long as the summary accurately represents the crucial contents of the full report. This is an application of the summary exception in the Best Evidence Rule, which permits using a summary of voluminous documents that cannot be conveniently examined in court. The original report is still available for examination if required, but the summary is used for the sake of efficiency and practicality in presenting the evidence.
Hypo 2: Sam accuses Bob of sending a threatening email. In court, Sam presents a printed copy of the email. Result: The court accepts the printout as it's a duplicate of the original digital email, complying with the Best Evidence Rule.
Hypo 3: Bob's company is being sued by Sam's company for allegedly breaking a business contract. During the trial, Sam's lawyer wants to use a report to prove that Bob's company didn't meet the agreed performance standards. This report is enormous, consisting of over 2,000 pages of detailed data and analysis. It's impractical to bring the whole report into the courtroom or go through every page during the trial. Result: The court allows Sam's lawyer to use a summary of the report instead of the entire document, as long as the summary accurately represents the crucial contents of the full report. This is an application of the summary exception in the Best Evidence Rule, which permits using a summary of voluminous documents that cannot be conveniently examined in court. The original report is still available for examination if required, but the summary is used for the sake of efficiency and practicality in presenting the evidence.
Visual Aids
Related Concepts
How are ancient documents authenticated?
In California, how are ancient documents authenticated?
In California, what types of documents are self-authenticating?
What is the purpose of authentication?
What is the Secondary Evidence Rule?
What types of documents are self-authenticating?
When assessing the Secondary Evidence Rule, when is an original or duplicate not required?
When can someone authenticate a letter they received?
Who can authenticate a voice?
