Evidence · Original Writing
Clear answer to: What Are The Defenses To Original Writing in Evidence? with key cases, examples, and exam tips for law students.
Defenses to the requirement for original writing under the Best Evidence Rule include demonstrating that the original is lost or destroyed, that it is not closely related to the material issues, or that it is in the possession of an adverse party who does not produce it despite being given proper notice.
The Best Evidence Rule necessitates the production of original documents when the contents of those documents are in dispute. However, there are several defenses a party may assert to avoid this requirement. One primary defense is that the original document has been lost or destroyed in a manner that is not due to the fault of the party seeking to use a copy. For example, if a fire destroys the original contract, a copy can be admitted instead of the original.
Another defense arises when the original writing is not relevant to the core issues of the case. This means that even if an original exists, if it does not relate to the material questions at hand, parties may be allowed to present secondary evidence, such as testimonies that summarize the content of the document.
Additionally, if the original document is in the possession of an opposing party, that party’s refusal or failure to produce the original after being given proper notice can also be a defense. This provision is designed to prevent parties from hiding original documents that could prove detrimental to their case. In such scenarios, the courts may allow the admission of a duplicate or even other forms of evidence that illustrate the contents of the original document.
The courts also consider the intent behind the admission of evidence. If a party intentionally does not present the original writing to gain an unfair advantage, that can lead to consequences regarding the credibility of any secondary evidence that is presented in lieu of the original.
In a contract dispute over an agreement for the sale of land, the defendant claims the original document is lost due to a flood. The plaintiff may introduce a copy of the contract, arguing that the elements of the contract were essential for the dispute. If the original is indeed lost and the defendant cannot produce it, the copy is admissible.
Defenses to original writing under the Best Evidence Rule are commonly tested on law school exams, both as standalone issues and in conjunction with fact patterns involving lost or destroyed evidence.