Intro to the Federal Rules of Evidence - 31

4. What constitutes “proving the content of a writing”?

a. Applicability of the rule
i) Written transactions
The rule applies where the writing is a legally operative or dispositive instrument such as a contract, will, or divorce decree.
ii) Written method of proof
The rule applies where the knowledge of a witness concerning a fact results from having read it in the document.

b. Inapplicability of the rule
i) Existence, execution, etc.
If all that is proved is that a writing exists, was executed, or was delivered, the best evidence rule dose not apply.
ii) Incidental records
The fact that there happens to be a writing memorializing a transaction does not mean that the transaction can only be proved by introduction of the writing.
iii) Collateral writings (FRE 1004(4))
The rule does not apply to writings of minor importance to the matter in controversy. The test of collateralness is likely to take into account: centrality of the writing to the major issues of a litigation; complexity of the relevant features of the writing; and existence of a genuine dispute as to the content of the writing.