Intro to the Federal Rules of Evidence - 29

C. BEST EVIDENCE RULE – ORIGINAL DOCUMENT RULE (ART. X)

1. Rationale
The exact words of a writing should be presented to the court because of a hazard of inaccuracy in common methods of approximating the contents of a writing and a great risk of error of oral testimony based on memory.

2. Requirements
a. Original documents
The original document must be produced, rather than using a copy or oral testimony about the document.
b. Prove the content of a writing
The rule applies only where what is to be proved is the content of a writing.
c. Excuses (FRE 1004)
The rule does not apply if the original is unavailable because it has been destroyed, is in the possession of a third party, or cannot be conveniently obtained, and the unavailability is not due to the serious fault of the proponent.