Rule 1002: Requirement of the Original

Rule 1002 states the Best Evidence Rule (more accurately called the Original Document Rule): when the contents of a writing, recording, or photograph are at issue, the original must be produced. You cannot testify about what a document says without producing the document itself.

The rule's trigger is crucial — it only applies when the proponent is trying to prove the contents of the document. If a witness has independent knowledge of a fact and can testify from personal knowledge, the witness can do so even if the same information happens to be contained in a document. The rule applies when the testimony is essentially about what the document says, such as the terms of a contract, the contents of a letter, or what is depicted in a photograph.

The rule exists because when the contents of a document matter, small details of wording can be critical. Human memory is unreliable for exact wording, and the risk of error in describing contents from memory is too high. Requiring the original ensures the fact-finder can see the exact language for themselves. However, the rule has numerous exceptions in Rules 1003-1007, and in practice it is relatively easy to satisfy or avoid.