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Written by attorneys · grounded in primary & secondary sources — see below
A condition under which secondary evidence of a writing's contents may be admitted without producing the original. The condition exists when the writing's precise content does not determine the outcome of a key dispute in the litigation.
Sources & Authorities
How it applies
Common Examples
2
Schedule Poster in Bus Collision
Christine Castro sues MetroCoach after a bus crash. Liability hinges on the driver's speed and compliance with traffic signals. A rider offers testimony from memory about an old route schedule poster listing estimated travel times. The court admits the testimony because the poster's wording plays no role in resolving the central negligence questions.
Serial Numbers on Currency
The government offers an agent's recollection of serial numbers printed on two bills recovered during a search. The defendants object under the best evidence rule. The court admits the testimony because the precise numbers on the bills do not decide any element the jury must resolve.
Put it into practice
Test Yourself
10
Practice Questions5
· 1 primary source
Select any source to read its text and confirm it supports the definition.
Federal Rules
Study Supplements
United States v. Marcantoni590 F.2d 1324 (1979)
Common questions
Frequently Asked
3
When does the best evidence rule not require an original writing?+
The rule does not require an original when the writing is not closely related to a controlling issue. In that situation secondary evidence such as testimony or copies becomes admissible even if the original exists.
Supporting sources
How do courts decide whether a writing is closely related to a controlling issue?+
Courts examine whether the precise language or numbers in the writing will determine the outcome of a disputed element such as duty, breach, or contract terms. Background or promotional material that merely supplies context does not meet the threshold.
Supporting sources
What happens if a writing is collateral rather than central to liability?+
A witness may testify from memory or offer other secondary evidence without producing the original. The best evidence rule simply does not apply to such collateral writings.
Supporting sources
EvidenceWritings, recordings, and photographs · Requirement of originalUBEFoundational