best evidence

Evidence of the highest quality available, as measured by the nature of the case rather than the thing being offered as evidence.

• The term is usu. applied to writings and recordings. If the original is available, it must be offered rather than a copy or oral rendition. Fed. R. Evid. 1002.

— Also termed primary evidence; original evidence. See BEST-EVIDENCE RULE. Cf. secondary evidence. [Cases: Criminal Law 398–403; Evidence 157–187. C.J.S. Criminal Law §§ 833–845; Evidence §§ 1054–1131.]


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