best evidence rule

Rule which requires that best evidence available be presented in lieu of less satisfactory evidence. People v. Banks, Colo.App., 655 P.2d 1384, 1387.
This rule prohibits the introduction into evidence of secondary evidence unless it is shown that original document has been lost or destroyed or is beyond jurisdiction of court without fault of the offering party; if original, document is lost, then secondary evidence is properly admissible. State v. Stephens, Mo.App., 556 S.W.2d 722, 723.
Fed.R.Evid. 1002 states the basic rule as follows: "To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by Act of Congress."
As to what constitutes an "original writing", see original

Black's law dictionary. . 1990.

Look at other dictionaries:

  • best evidence rule — n: a rule of evidence: in order to prove what is said or pictured in a writing, recording, or photograph the original must be provided unless the original is lost, destroyed, or otherwise unobtainable – called also original writing rule; Merriam… …   Law dictionary

  • Best evidence rule — The best evidence rule is a common law rule of evidence which can be traced back at least as far as the 18th century. In Omychund v Barker (1745) 1 Atk, 21, 49; 26 ER 15, 33, Lord Harwicke stated that no evidence was admissible unless it was the… …   Wikipedia

  • best evidence rule — The rule of evidence that the best evidence of which the case in its nature is susceptible and which is within the power of the party to produce, or is capable of being produced, must be adduced in proof of every disputed fact. Lego v Olson, 110… …   Ballentine's law dictionary

  • best evidence rule — rule that states that the original item must be presented as evidence whenever possible and that copies are only acceptable when the original is not available (Law) …   English contemporary dictionary

  • best evidence rule — noun a rule of evidence requiring that to prove the content of a writing or recording or photograph the original is required • Hypernyms: ↑rule of evidence …   Useful english dictionary

  • Best evidence — may refer to:* Best Evidence , a documentary television series * Best evidence rule, a common law rule of evidence * UFO Best Evidence , an episode of the documentary television show Unexplained Mysteries …   Wikipedia

  • best evidence — Primary evidence, as distinguished from secondary; original, as distinguished from substitutionary; the best and highest evidence of which the nature of the case is susceptible, not the highest or strongest evidence which the nature of the thing… …   Black's law dictionary

  • evidence — ev·i·dence 1 / e və dəns, ˌdens/ n [Medieval Latin evidentia, from Latin, that which is obvious, from evident evidens clear, obvious, from e out of, from + videns, present participle of videre to see]: something that furnishes or tends to furnish …   Law dictionary

  • evidence — /ev i deuhns/, n., v., evidenced, evidencing. n. 1. that which tends to prove or disprove something; ground for belief; proof. 2. something that makes plain or clear; an indication or sign: His flushed look was visible evidence of his fever. 3.… …   Universalium

  • rule of evidence — noun (law) a rule of law whereby any alleged matter of fact that is submitted for investigation at a judicial trial is established or disproved • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑rule, ↑prescript • Hyponyms: ↑ …   Useful english dictionary

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