Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

best evidence rule

Read a random definition: forum inconveniens

A quick definition of best evidence rule:

The best evidence rule is a legal principle that applies when someone wants to use a document, recording, or photo as evidence in court, but the original is not available. If the original is lost or destroyed, the person must explain why. If the reason is acceptable, they can use a copy of the document instead. However, this rule only applies when someone wants to prove what the document says, not just that it exists. Copies of documents are usually allowed in court, but if someone questions their authenticity, the original must be produced.

A more thorough explanation:

The best evidence rule is a legal principle that applies when a party wants to use a writing, recording, or photograph as evidence in a trial, but the original is not available. In such cases, the party must provide a valid reason why the original is not available. If the court finds the reason acceptable, the party can use secondary evidence to prove the contents of the document.

The best evidence rule only applies when a party seeks to prove the contents of the document sought to be admitted as evidence. For example, if a witness testifies that they made a payment without entering a receipt for the payment into evidence, the best evidence rule does not require the receipt to be entered.

Most information is stored electronically these days, so the original of an electronically stored piece of evidence includes an archive or printout of that information. For instance, if a party would like to enter a series of emails into evidence, they can print out the emails and use the printout as an original for satisfying the best evidence rule.

Duplicates of written, recorded, or photographic evidence are also admissible in court unless a genuine question is raised about the authenticity of the original or it is unfair to admit the duplicates due to the specific circumstances. For example, a party can enter a copy of a lease contract in a landlord-tenant dispute. However, if the opposing party claims that the copy of the lease contract provided is fraudulent, the best evidence rule requires that the original lease contract must be produced in such a scenario.

Whether a proponent has met the requirement for “admitting other evidence of the content of a document” is determined by the court. In a jury trial, however, the jury determines whether an asserted writing, recording, or photograph ever existed, whether another writing, recording, or photograph produced at trial is the original, or whether other evidence of content correctly reflects the content.

Berne Convention | best interests of the child

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
snow
16:08
lmaooo dk
dk praying on all our downfall
Dkk
16:09
I hope you guys tell me to eat a dick when I get my R's and WL's.
praying for your success inshallah
Dkk
16:10
I want it to be brutal.
Dkk
16:10
Noooooo
JumpySubsequentDolphin
16:10
@texaslawhopefully: THEY SEND THEM TO YOU EVEN AFTER YOU GOT ACCEPTED???
I've been getting them literally every other day for months now
JumpySubsequentDolphin
16:11
that’s absurd
16:18
does having a masters degree help with getting into law school
16:19
i rly want to get into northwestern or uchicago but im worried about my stats
LSDFan
16:20
you'll get in, calm tf down
16:20
damn
16:21
bro was just asking a question
U have great stats! I wouldn't be too nervous. Did u write why Northwestern and why Chicago?
oh cornells going wl crazy
16:22
having a masters degree is probably a positive, it shows you can do grad level coursework and probably generated a strong rec letter
@RightPlant: you have a great chance at Northwestern!
Chicago, also not a bad chance, but it is more of a crapshoot
Esp since they care more about GPA than LSAT
Would gulc be later tn? I submitted mine mid Oct so don’t think they will get back to me yet
Anyone think au will get back to us tomo?
16:26
I have no clue, I would think it would be later tn based on past waves
radio silence from cornell hey no news is good news ....
gulc was friday last week but i think it was cause of holiday
16:29
genuinely if its not today I WILL crashout.
Dkk
16:29
@jackfrost11770: Cornell had the WL wave!
oh radio silence on my end
16:32
UR2 at UVA
16:32
not really what i wanted given i have a new LSAT score coming but thems the breaks
LSD+ is ad-free, with DMs, discounts, case briefs & more.