An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise.
Summary and Explanation
Federal Rule of Evidence 1002, often referred to as the “Best Evidence Rule,” deals with the requirement for the original document when its contents are sought to be proved. Here’s a summary and explanation:
Content of the Rule: Rule 1002 stipulates that in order to prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is generally required. This rule is based on the principle that the original document is the most reliable evidence of its contents.
Purpose: The primary purpose of this rule is to prevent inaccuracy and fraud that might come with copies or secondary evidence. By requiring the original, the court seeks to ensure that the evidence is as close to the actual event or agreement as possible.
Scope and Application:
- Applies to Situations: Where the content of a document is in dispute or is essential to the case.
- Not Applicable: When a party is relying on the document to prove a collateral matter not closely related to the main issue in the litigation.
Exceptions: There are exceptions to this rule. If the original is lost or destroyed, and not by the party acting in bad faith, or if the original is not obtainable through any available judicial process, a copy or other secondary evidence may be admissible. Additionally, the rule does not apply if the original is not closely related to a controlling issue.
In summary, Rule 1002 emphasizes the importance of original documents for proving the contents of writings, recordings, and photographs in legal proceedings. This rule serves to ensure the authenticity and accuracy of the evidence presented in court, although there are exceptions where copies may be admitted under certain circumstances.
History
(Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1946; Apr. 26, 2011, eff. Dec. 1, 2011.)
Notes of Advisory Committee on Proposed Rules
The rule is the familiar one requiring production of the original of a document to prove its contents, expanded to include writings, recordings, and photographs, as defined in Rule 1001(1) and (2), supra.
Application of the rule requires a resolution of the question whether contents are sought to be proved. Thus an event may be proved by nondocumentary evidence, even though a written record of it was made. If, however, the event is sought to be proved by the written record, the rule applies. For example, payment may be proved without producing the written receipt which was given. Earnings may be proved without producing books of account in which they are entered. McCormick §198; 4 Wigmore §1245. Nor does the rule apply to testimony that books or records have been examined and found not to contain any reference to a designated matter.
The assumption should not be made that the rule will come into operation on every occasion when use is made of a photograph in evidence. On the contrary, the rule will seldom apply to ordinary photographs. In most instances a party wishes to introduce the item and the question raised is the propriety of receiving it in evidence. Cases in which an offer is made of the testimony of a witness as to what he saw in a photograph or motion picture, without producing the same, are most unusual. The usual course is for a witness on the stand to identify the photograph or motion picture as a correct representation of events which he saw or of a scene with which he is familiar. In fact he adopts the picture as his testimony, or, in common parlance, uses the picture to illustrate his testimony. Under these circumstances, no effort is made to prove the contents of the picture, and the rule is inapplicable. Paradis, The Celluloid Witness, 37 U.Colo.L. Rev. 235, 249–251 (1965).
On occasion, however, situations arise in which contents are sought to be proved. Copyright, defamation, and invasion of privacy by photograph or motion picture falls in this category. Similarly as to situations in which the picture is offered as having independent probative value, e.g. automatic photograph of bank robber. See People v. Doggett, 83 Cal.App.2d 405, 188 P.2d 792 (1948) photograph of defendants engaged in indecent act; Mouser and Philbin, Photographic Evidence—Is There a Recognized Basis for Admissibility? 8 Hastings L.J. 310 (1957). The most commonly encountered of this latter group is of course, the X-ray, with substantial authority calling for production of the original. Daniels v. Iowa City, 191 Iowa 811, 183 N.W. 415 (1921); Cellamare v. Third Acc. Transit Corp., 273 App.Div. 260, 77 N.Y.S.2d 91 (1948); Patrick & Tilman v. Matkin, 154 Okl. 232, 7 P.2d 414 (1932); Mendoza v. Rivera, 78 P.R.R. 569 (1955)
It should be noted, however, that Rule 703, supra, allows an expert to give an opinion based on matters not in evidence, and the present rule must be read as being limited accordingly in its application. Hospital records which may be admitted as business records under Rule 803(6) commonly contain reports interpreting X-rays by the staff radiologist, who qualifies as an expert, and these reports need not be excluded from the records by the instant rule.
The reference to Acts of Congress is made in view of such statutory provisions as 26 U.S.C. §7513, photographic reproductions of tax returns and documents, made by authority of the Secretary of the Treasury, treated as originals, and 44 U.S.C. §399(a), photographic copies in National Archives treated as originals.
Committee Notes on Rules—2011 Amendment
The language of Rule 1002 has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.