Best Evidence...
Federal Rules of Evidence: Best Evidence
ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND
PHOTOGRAPHS
Rule 1001. Definitions
For purposes of this article the following definitions are applicable:
(1) Writings and recordings.—‘‘Writings’’ and ‘‘recordings’’
consist of letters, words, or numbers, or their equivalent, set
down by handwriting, typewriting, printing, photostating,
photographing, magnetic impulse, mechanical or electronic
recording, or other form of data compilation.
(2) Photographs.—‘‘Photographs’’ include still photographs,
X-ray films, video tapes, and motion pictures.
(3) Original.—An ‘‘original’’ of a writing or recording is the
writing or recording itself or any counterpart intended to have
the same effect by a person executing or issuing it. An ‘‘original’’
of a photograph includes the negative or any print therefrom.
If data are stored in a computer or similar device, any
printout or other output readable by sight, shown to reflect
the data accurately, is an ‘‘original’’.
(4) Duplicate.—A ‘‘duplicate’’ is a counterpart produced by
the same impression as the original, or from the same matrix,
or by means of photography, including enlargements and miniatures,
or by mechanical or electronic re-recording, or by
chemical reproduction, or by other equivalent techniques
which accurately reproduces the original.
Rule 1002. Requirement of Original
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.
Rule 1003. Admissibility of Duplicates
A duplicate is admissible to the same extent as an original unless
(1) a genuine question is raised as to the authenticity of the
original or (2) in the circumstances it would be unfair to admit
the duplicate in lieu of the original.
Rule 1004. Admissibility of Other Evidence of Contents
The original is not required, and other evidence of the contents
of a writing, recording, or photograph is admissible if—
(1) Originals lost or destroyed.—All originals are lost or have
been destroyed, unless the proponent lost or destroyed them in
bad faith; or
(2) Original not obtainable.—No original can be obtained by
any available judicial process or procedure; or
(3) Original in possession of opponent.—At a time when an
original was under the control of the party against whom offered,
that party was put on notice, by the pleadings or otherwise,
that the contents would be a subject of proof at the hearing,
and that party does not produce the original at the hearing;
or
(4) Collateral matters.—The writing, recording, or photograph
is not closely related to a controlling issue.
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