— Also termed documentary-originals rule; original-writing rule; original-document rule. [Cases: Criminal Law 398–403; Evidence 157–187. C.J.S. Criminal Law §§ 833–845; Evidence §§ 1054–1131.]
best evidence rule
The evidentiary rule providing that, to prove the contents of a writing (or a recording or photograph), a party must produce the original writing (or a mechanical, electronic, or other familiar duplicate, such as a photocopy) unless it is unavailable, in which case secondary evidence — the testimony of the drafter or a person who read the document — may be admitted. Fed. R. Evid. 1001–1004.
