— 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.]
“Down to a century or more ago, the term ‘best evidence’ was a good deal used; ‘the best evidence that the nature of the thing will afford’ was said to be required. But this loose expression never represented a concrete rule. The only positive and concrete rules of the kind are those above named. And today, though the cant phrase is sometimes invoked, and though an inference may be made against a party who fails to produce what might be better evidence, yet no court will in general exclude relevant evidence because there might be better evidence available.” John H. Wigmore, A Students’ Textbook of the Law of Evidence 219 (1935).
