Trial Preparation

The Best Evidence Rule and Why it Was Implemented into the Court System

The best evidence rule in basic terms is an ancient legal rule that requires the originals, rather than copies, of documents to be presented as evidence during trial. Nevertheless, copies can in this case be accepted as evidence if the originals are not available, and the concerned party gives a conclusive excuse for their absence. For instance, if the original document is destroyed, lost, or is in the opponent's possession, the concerned party may not be required to produce the same. The rule is, however, only applicable "when a party seeks to prove the contents of the document sought to be admitted as evidence" (Cornell University Law School, 2010). Traditionally, a document only implied an inscription, or writing. Modern times have, however, seen the courts appreciate technological advancement, and accept as documentary evidence, information stored...
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