352: Listen and Learn -- Best Evidence Rule
The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond
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The Best Evidence Rule
The best evidence rule is only triggered when a witness is testifying about the contents of a document or something they learned from a document. An original document isn't required to prove its contents if, a, all the originals are lost or destroyed, and not by the offering party acting in bad faith. The main thing to keep in mind here is that if any of these four exceptions apply, a witness can testify about the contentsof a writing recording or photograph. And the proponent of the evidence is not required to produce the origin document, or even a reliable duplicate on that note.
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