Best Evidence Rule

Best Evidence Rule in United States

Practical Information

Note: Some of this information was last updated in 1982

A regulation that requires a person who testifies in court seeking to prove the contents of a writing to produce the original writing or satisfactorily to account for its absence. The rule prevents the fraudulent misrepresentation of the contents of a document. It also guards against errors arising from the inaccurate copying of the original writing, or from mistakes in reading it, or from faulty recollection of its contents. These dangers disappear when the writing itself is produced at trial.

(Revised by Ann De Vries)

What is Best Evidence Rule?

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