Legal Definitions - best evidence rule

The best evidence rule is a legal principle that generally requires the original document, recording, or photograph to be presented in court when a party wants to prove its specific contents.

This rule applies when the exact words, images, or sounds within an item are central to a legal dispute. The law prefers the original because it is considered the most reliable and accurate source of information, reducing the risk of errors or alterations that might occur with copies or descriptions.

However, the rule is not absolute. If the original is genuinely lost, destroyed, or cannot be obtained through reasonable efforts, a court may allow secondary evidence (like a copy or testimony about its contents) to be used. The party offering secondary evidence must provide a satisfactory explanation for why the original is unavailable. Additionally, duplicates (like photocopies or printouts of electronic files) are often admissible unless there's a serious question about the original's authenticity or if admitting the duplicate would be unfair under the circumstances.

It's important to note that the best evidence rule only applies when a party is trying to prove the contents of the item. It does not apply if a party is merely trying to prove that an event happened, even if a document, recording, or photograph could also prove that event.

Here are some examples to illustrate the best evidence rule:

• Dispute Over a Will's Specific Terms: Imagine a family dispute where one sibling claims their deceased parent's will specified a particular piece of property should go to them, while another sibling disputes this, arguing the will stated otherwise. To prove the exact wording of the inheritance clause, the sibling asserting their claim would typically need to present the original signed will to the court. If they only had a blurry, incomplete photocopy and claimed the original was accidentally shredded years ago, they would need to convince the court that the original is truly gone and that the photocopy accurately reflects its contents before the court would allow the photocopy as evidence.

  This illustrates the best evidence rule because the core issue is the precise content of a written document (the will). The court requires the original to ensure the most accurate representation of the testator's wishes.

• Proving the Exact Dialogue in an Interrogation: In a criminal trial, the defense might argue that a police interrogation recording contains specific statements from the defendant that were coerced or misrepresented. To prove the exact dialogue and tone of voice, the defense would need to present the original audio or video recording of the interrogation. If they only had a transcript prepared by a third party, the prosecution might object, demanding the original recording to verify the transcript's accuracy and ensure no crucial nuances or pauses were missed, unless the original recording was, for example, corrupted beyond recovery and its loss could be proven.

  This example demonstrates the rule's application to recordings. The precise content (the spoken words and their delivery) is critical, necessitating the original recording to establish what was actually said.

• Authenticating a Digital Image in a Copyright Case: A photographer sues a company for using their copyrighted image without permission. The company claims the image they used was significantly different from the photographer's original and therefore not infringing. To prove the exact visual details and composition of their original work, the photographer would need to present the original digital image file (e.g., a RAW file or a high-resolution JPEG directly from their camera). If they only offered a low-resolution screenshot from a social media post, the court might question whether that screenshot accurately represents the original's full detail and quality, especially if the original file is still accessible to the photographer.

  Here, the best evidence rule applies to a photograph. The specific visual content of the image is at the heart of the dispute, requiring the original digital file to confirm its exact appearance and details.