Also known as: writings, recordings, or photographs · writing recording or photograph · writings and recordings · writings recordings photographs
Written by attorneys · grounded in primary & secondary sources — see below
A category of evidence that includes documents, audio or video media, and visual images whose contents a party seeks to establish at trial. The best evidence rule requires production of an original to prove the content of any such item unless an exception applies. The rule promotes accuracy by preferring the most reliable version of the item over secondary descriptions or copies.
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Global Traders sues Oceanic Lines for damage to cargo and offers a PDF printout to prove the liability limitation clause in an electronic bill of lading. Oceanic objects that only the original electronic file satisfies the requirement. The court sustains the objection because Rule 1002 requires the original to prove content and no exception has been shown.
Faith sues Grove Clinic for malpractice and offers a pre-dissolution printout of her electronic chart after the foreign vendor's servers become unreachable. Grove objects that further judicial process might still locate the original. The court admits the printout because no available process can obtain the original electronic file.
Green Airlines sues Grove Airlines for breach of a delivery contract and offers Leah's memory testimony about an internal timeline chart shown at a kickoff meeting. Grove objects that the chart itself must be produced. The court admits the testimony because the chart never modified the contract's March 15 date and is not closely related to any controlling issue.
The Oakwood Tenants Association sues MetroCore Management and offers a spreadsheet summarizing thousands of leases and payment receipts to prove a pattern of overcharges. MetroCore objects that the underlying files are not truly voluminous. The court admits the spreadsheet because the records cannot be conveniently examined individually and the association made them available for inspection.
The rule applies whenever a party seeks to prove the content of the item rather than merely its existence or the witness's independent knowledge of the underlying facts. Production of the original is required unless an exception in Rules 1004 through 1007 is satisfied.
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A duplicate is admissible to the same extent as the original unless a genuine question exists about the original's authenticity or admitting the duplicate would be unfair. Authentication of the duplicate as an accurate reproduction satisfies the requirement in most cases.
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Secondary evidence is permitted if all originals are lost or destroyed without bad faith by the proponent, the original cannot be obtained by judicial process, the opponent had control and failed to produce it after notice, or the item is not closely related to a controlling issue.
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A summary, chart, or calculation is admissible when the underlying materials are admissible, cannot be conveniently examined in court, and have been made available to other parties for inspection at a reasonable time and place.
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The rule is not triggered if the witness testifies from present recollection of events personally observed rather than from the writing itself. The distinction turns on whether the testimony proves the content of the item or merely relates observed facts.
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