best evidence rule


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best evidence rule

n. the legal doctrine that an original piece of evidence, particularly a document, is superior to a copy. If the original is available, a copy will not be allowed as evidence in a trial. (See: evidence)

best evidence rule

the rule that evidence will be admitted provided it is the best the nature of the case will allow and, conversely, that it will be excluded, whatever its other merits, if it is shown not to be the best. There are many exceptions to the rule. See COMPUTER EVIDENCE, HEARSAY.
References in periodicals archive ?
We can see the best evidence rule (106) as a method for maintaining such higher standards contexts.
The effect of the initiative became moot in 1999 when the legislature replaced the Best Evidence Rule with the Secondary Evidence Rule by the required super-majority.
Like the Best Evidence Rule, the Secondary Evidence Rule disfavors the use of testimony to prove the contents of a writing.
210-14 (arguing that the Best Evidence Rule provides better grounds for
Since no case law has dealt exclusively with the best evidence rule for electronic signatures in Australia, a decision of the High Court of Australia rendered before the passing of the Evidence Act, 1995 is significant.
The best evidence rule can be traced back more than 250 years.
The States and Territories in which the best evidence rule has been abolished are New South Wales, Australian Capital Territory and Tasmania.
As for the requirements of the Best Evidence Rule, a logical reading indicates that digital photographs are admissible under that rule.
html ("Worse yet is any incarnation of the best evidence rule, which follows the Federal Rules of Evidence in defining a printout as an 'original' for purposes of the rule.
Accordingly, "Hearsay and best evidence rules (are not to be) applied to prevent an expert witness from giving the basis of his opinion" of value.