Best Evidence in United States
Best Evidence Definition
The best evidence ol which the nature of the case admits, not the highest or strongest evidence which the nature of the thing to be proved admits of; e. g., a copy of a deed is not the best evidence; the deed itself is better. Gilb. Ev. IB; Starkie, Ev. 437; 2 Campb. 605; 3 Campb. 236; 1 Esp. 127; 1 Pet. (U.S.) 591; 6 Pet. (U.S.) 352; 7 Pet. (U.S.) 100. The term is confined to cases where the law has divided evidence into primary and secondary. 33 Mich..53. The rule requiring the best evidence does not exclude a witness on the ground that another is more credible, but merely excludes such evidence as is substitutionary in its character, if the original evidence can be had. 65 Me. 467.
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Legal Issue for Attorneys
The best evidence ol which the nature of the case admits, not the highest or strongest evidence which the nature of the thing to be proved admits of; e. g., a copy of a deed is not the best evidence; the deed itself is better. Gilb. Ev. IB; Starkie, Ev. 437; 2 Campb. 605; 3 Campb. 236; 1 Esp. 127; 1 Pet. (U.S.) 591; 6 Pet. (U.S.) 352; 7 Pet. (U.S.) 100. The term is confined to cases where the law has divided evidence into primary and secondary. 33 Mich..53. The rule requiring the best evidence does not exclude a witness on the ground that another is more credible, but merely excludes such evidence as is substitutionary in its character, if the original evidence can be had. 65 Me. 467.
Notice
This definition of Best Evidence is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.
Meaning of Best Evidence
In plain or simple terms, Best Evidence means: In proving what’s in a document, the best evidence is the document itself, and unless it’s not available, no other evidence is admissible to prove it.
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