Best Evidence Rule
Definition
The best evidence rule (original document rule) under Federal Rule of Evidence 1002 requires that when the content of a writing, recording, or photograph is at issue, the original document must be produced unless it is shown to be unavailable through no fault of the proponent. FRE 1003 allows duplicates to the same extent as originals unless there is a genuine question about the original's authenticity. The rule prevents inaccurate transmission of critical documentary evidence and applies only when the content of the document is directly at issue.
Example
A plaintiff claims a contract entitles them to $50,000. The best evidence rule requires the original contract (or an acceptable duplicate) to be produced rather than relying on a witness's memory of its terms.