Paralegal Certification PrepLegal Terminology and ConceptsMedium
A paralegal is assisting an attorney preparing for a deposition. The attorney asks the paralegal to explain the 'best evidence rule' as it applies to a crucial email exchange between the parties. Which of the following best describes this rule?
- AIt mandates that an original document, or a reliable duplicate, be produced to prove its content.
- BIt states that evidence must be directly relevant to the facts in dispute.
- CIt dictates that oral testimony is generally preferred over documentary evidence.
- DIt requires the most persuasive evidence available to be presented in court.
Show answer & explanationAnswer & explanation
Correct answer: A. It mandates that an original document, or a reliable duplicate, be produced to prove its content.
The best evidence rule, also known as the original document rule, requires that the original writing, recording, or photograph be produced to prove its content, unless an exception applies.
Why the other options are wrong
- B. This describes relevance, a separate rule of evidence.
- C. This is incorrect; documentary evidence is often highly valued, and the best evidence rule prioritizes original documents.
- D. This describes the general evidentiary standard of relevance and weight, not the specific best evidence rule.
Best Evidence Rule
An evidentiary rule requiring that the original document, recording, or photograph be produced to prove the content thereof, unless an exception applies.
- Applies when the content of a document is at issue.
- A reliable duplicate is often admissible.
- Exceptions exist for lost, destroyed, or inaccessible originals.
Memory trick: Evidence rules are like game rules, ensuring fairness and truth.