The Best Evidence Rule: What Is It?

There are four traditional types of evidence. They include real, demonstrative, documentary, and testimonial. Documentary evidence is also a kind of real evidence. The laws governing evidence are rather complex, but there are three basic "prerequisites" for admissibility, they include relevance, materiality, and competence (http://library.findlaw.com). The major issue concerning documents is competency. The original of the document, recording, or photograph "is the most reliable proof of what the document really said, as opposed to a copy which can be more easily altered" (www.middlesex.mass.edu).

Best evidence means, "The best and topmost form of evidence which can be produced for verification" (www.legal-explanations.com). The Best Evidence Rule was established centuries ago as a common law. The Best Evidence Rule is also known as the Original Document Rule. The rationale behind the rule is very logical. Centuries ago, "a copy was usually made by a clerk, or worse, a party to the lawsuit" (http://library.findlaw.com). Obviously, if an original was not produced there would be a greater chance of error or maybe even fraud (www.gmu.edu).

An original document is a document that was "the first one prepared, signed, recorded or a negative of a picture" (www.southcarolinalaw.net). A duplicate is an exact copy of the original. For a duplicate document, recording or photograph to qualify as evidence, "the proponent must have the witness testify to the following...

*recognizes the writing

*Specifies the basis for their recollection

*Document is a copy of the original

*The parties made the copy at the same time the original was executed

*The parties intended the copy to have the same effect as the original

*The parties executed both the original and duplicate at the same time" (www.southcarolinalaw.net).