Evidence · Original Writing
Clear answer to: How Does Original Writing in Evidence? with key cases, examples, and exam tips for law students.
The original writing rule requires that the original document be produced as evidence to prove its contents unless an exception applies. This principle is governed by the best evidence rule.
The best evidence rule, as articulated in Federal Rule of Evidence 1002, requires that an original document be submitted to prove the content of that document. This rule ensures the reliability and accuracy of the evidence presented. The rationale behind this requirement is that the original document is considered to be the most trustworthy source of information regarding its contents.
However, there are several exceptions to this rule, allowing for the admissibility of copies or secondary evidence when an original is unavailable. Under Federal Rule of Evidence 1004, if the original document has been lost, destroyed, or is unobtainable, a duplicate or oral testimony regarding the contents may be admissible. This includes situations where the original was in the possession of a person not a party in the litigation and cannot be secured by reasonable efforts.
In terms of application, courts often look to cases that explore the boundaries of the best evidence rule. For example, in *United States v. Smith*, the court held that a witness could testify about the contents of a documnt if it was not practicable to produce the original, given its loss after reasonable efforts to recover it. Conversely, in *Friedman v. M. L. Wurtz*, the court emphasized the necessity of presenting original documentation when available, thus reinforcing the principle of reliability in evidence.
Practitioners and students must be cognizant of these rules and exceptions when gathering evidence for litigation. An understanding of the nuances surrounding original documents will significantly influence the strategy employed in presenting the best case.
A party wishes to introduce a written contract in litigation but can only find a photocopy. If the original has been misplaced and reasonable steps to locate it substantiated, the photocopy may potentially be admissible as evidence.
Questions on the best evidence rule often appear in case analysis or multiple-choice formats, testing students' understanding of original writings and their admissibility under various circumstances.