Rules of Evidence: 1002

The Federal Rules of Evidence explain the use of facts in court. Rule 1002 is part of Chapter XI; Contents of Writings, Recordings and Photographs. It is a modern interpretation of the Common Law Best Evidence Rule.

Identification

Any written document or recording---audio or video---must be an original or an authenticated duplicate in order to be used as evidence in a court proceeding.

Considerations

This rule continues to evolve in order to ensure that courts admit the best possible evidence as communication media proliferate.

Features

Writings and recordings include older forms of documents as well as newer electronic and computerized formats. Photographs include still, video and x-ray film.

Process

Original documents are authenticated by the creator. Photographs and other data must be proven to have been printed from an original negative, impression or other medium-usually by the person who produced them. Some media, such as x-rays, require expert substantiation as originals.

Exceptions

Exceptions to the rule requiring original documents parallel hearsay exceptions in rule 803 and some duplicate documents may be accepted. Items must be authenticated and their relevance established before they can be admitted as the best possible evidence in a case.

Acts of Congress

Photographic copies of tax returns and copies made under the authority of the Secretary of the Treasury and National Archives photocopies are accepted as original documents.

References

• Rules of Evidence

Resources

• Rules of Evidence
• US v Smith--Best Evidence Rule
• Electronic Records and Best Evidence rules

Who Can HelpSponsored