The best evidence rule is a legal principle that holds an original of a document as superior evidence. The rule specifies that secondary evidence, such as a copy or facsimile, will be not admissible if an original document exists and can be obtained.[1] The rule has its roots in 18th-century British law,[2] at a time when copies would be rewritten by hand and hence more vulnerable to inaccuracies.[citation needed]
The best evidence rule has its origins in the 18th century case Omychund v Barker (1780) 1 Atk, 21, 49; 26 ER 15, 33. Wherein Lord Harwicke stated that no evidence was admissible unless it was "the best that the nature of the case will allow."[2][3]
According to Blackstone's Criminal Practice, the best evidence rule in England and Wales, as used in earlier centuries, "is now all but defunct."[4]Lord Denning MR said that "nowadays we do not confine ourselves to the best evidence. We admit all relevant evidence. The goodness or badness of it goes only to weight and not to admissibility."[5]
In the United States, the best evidence rule is part of Article X of the Federal Rules of Evidence (Rules 1001-1008).[6] The rule specifies the guidelines under which a party may request that it be allowed to submit into evidence a copy of the contents of a document, recording or photograph at a trial when the "original document is not available."[6][7] If the party is able to provide an acceptable reason for the absence of the original, then "secondary evidence" or copies of the original document can be admitted as evidence. The best evidence rule is only applied in situations where a party attempts to substantiate a non-original document submitted as evidence during a trial.[7] Admissibility of documents before state court systems may vary.
In Australia, the rule was effectively abolished with the 1995 enactment of the Uniform Evidence Law.[8] Section 51 provides: "The principles and rules of the common law that relate to the means of proving the contents of documents are abolished."
^Hooper; Ormerod; Murphy; et al. (eds.). Blackstone's Criminal Practice (2008 ed.). Oxford. p. 2285. ISBN978-0-19-922814-0.
^Garton v. Hunter [1969] 1 All ER 451, [1969] 2 QB 37
^ abMiller, Colin. "Evidence: Best Evidence Rule". Center for Computer Assisted Legal Instruction. CALI. Retrieved Feb 16, 2015.
^ abUnknown author. "Best Evidence Rule". Cornell University Law School. Retrieved Feb 16, 2015. {{cite web}}: |last1= has generic name (help)
^"Dictionary: Best Evidence Rule". SK Lawyers. Retrieved Apr 1, 2021.
External links
Summary of the Rules of Evidence: The Essential Tools for Survival in the Courtroom
January 13, 2023
best, evidence, rule, best, evidence, rule, legal, principle, that, holds, original, document, superior, evidence, rule, specifies, that, secondary, evidence, such, copy, facsimile, will, admissible, original, document, exists, obtained, rule, roots, 18th, cen. The best evidence rule is a legal principle that holds an original of a document as superior evidence The rule specifies that secondary evidence such as a copy or facsimile will be not admissible if an original document exists and can be obtained 1 The rule has its roots in 18th century British law 2 at a time when copies would be rewritten by hand and hence more vulnerable to inaccuracies citation needed Contents 1 History and description 2 See also 3 References 4 External linksHistory and description EditThe best evidence rule has its origins in the 18th century case Omychund v Barker 1780 1 Atk 21 49 26 ER 15 33 Wherein Lord Harwicke stated that no evidence was admissible unless it was the best that the nature of the case will allow 2 3 According to Blackstone s Criminal Practice the best evidence rule in England and Wales as used in earlier centuries is now all but defunct 4 Lord Denning MR said that nowadays we do not confine ourselves to the best evidence We admit all relevant evidence The goodness or badness of it goes only to weight and not to admissibility 5 In the United States the best evidence rule is part of Article X of the Federal Rules of Evidence Rules 1001 1008 6 The rule specifies the guidelines under which a party may request that it be allowed to submit into evidence a copy of the contents of a document recording or photograph at a trial when the original document is not available 6 7 If the party is able to provide an acceptable reason for the absence of the original then secondary evidence or copies of the original document can be admitted as evidence The best evidence rule is only applied in situations where a party attempts to substantiate a non original document submitted as evidence during a trial 7 Admissibility of documents before state court systems may vary In Australia the rule was effectively abolished with the 1995 enactment of the Uniform Evidence Law 8 Section 51 provides The principles and rules of the common law that relate to the means of proving the contents of documents are abolished See also EditDigital evidence Best evidence ruleReferences Edit Staff writer Legal Terms and Definitions Law Dictionary ALM Network of Legal Publications a b Staff writer What is the best evidence rule Rottenstein Law Group LLC Rottenstein Law Group Retrieved Feb 16 2015 The Law of Evidence Dublin 1754 Hooper Ormerod Murphy et al eds Blackstone s Criminal Practice 2008 ed Oxford p 2285 ISBN 978 0 19 922814 0 Garton v Hunter 1969 1 All ER 451 1969 2 QB 37 a b Miller Colin Evidence Best Evidence Rule Center for Computer Assisted Legal Instruction CALI Retrieved Feb 16 2015 a b Unknown author Best Evidence Rule Cornell University Law School Retrieved Feb 16 2015 a href Template Cite web html title Template Cite web cite web a last1 has generic name help Dictionary Best Evidence Rule SK Lawyers Retrieved Apr 1 2021 External links EditSummary of the Rules of Evidence The Essential Tools for Survival in the Courtroom Retrieved from https en wikipedia org w index php title Best evidence rule amp oldid 1118275167, wikipedia, wiki, book, books, library,
