FRE · Rule 1002

FRE Rule 1002

Quick Answer

What is FRE Rule 1002?

FRE Rule 1002 addresses the requirement of original documents in trials, ensuring that the best evidence is presented to the court.

Source: FRE Rule 1002

Official Text
An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise.
Plain Language

This rule states that in order to prove the content of a document, recording, or image, the original version must be presented in court. If an original is not available, there are specific exceptions where secondary evidence may be used instead.

Purpose

The purpose of Rule 1002 is to uphold the integrity of evidence presented in court by requiring originals, which are less susceptible to alteration or misinterpretation.

Key Provisions

Original Requirement

This provision mandates that when a party seeks to prove the content of certain types of evidence (writings, recordings, photographs), they must produce the original document.

Exceptions

There are exceptions to this rule that allow for the use of secondary evidence if the original is lost, destroyed, or otherwise unavailable.

Practice Notes
  • Always determine if the document at issue is an original or a copy to correctly apply Rule 1002.
  • Familiarize yourself with exceptions to the original requirement, as they are crucial in handling evidence disputes.
  • Consider the implications of admissibility when assessing the type of evidence being presented for a case.
Landmark Cases

United States v. Tavares

In this case, the court emphasized the necessity of original documents under FRE Rule 1002, underscoring the integrity of evidence.

Harris v. State

This case clarified what constitutes a sufficient original for the purposes of Rule 1002 and highlighted practical scenarios where secondary evidence may be permitted.

Common Motions
  • Motion to admit secondary evidence
Exam Tip

On exams, be prepared to identify scenarios where original documents are required and the exceptions to that rule. You may also be asked to apply this rule in contexts involving lost or destroyed originals.

Related Rules
  • fre-rule-1003
  • fre-rule-1004

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