Best Evidence Rule
Definition
The principle, codified in FRE Rule 1002, that the original of a document is required to prove its content. Under Rule 1003, a duplicate is generally admissible unless a genuine question is raised as to the original's authenticity. In practice, verified forensic images of electronic media are accepted as originals under this rule.
- Codified in
- US Federal Rule of Evidence 1002
- Duplicate rule
- FRE Rule 1003
- Applies to
- Documents, recordings, photographs
- Digital forensic use
- Verified forensic images treated as originals
Common questions
Does the Best Evidence Rule mean a photocopy is always inadmissible?+
No, Rule 1003 allows a duplicate unless a party raises a genuine question about the original's authenticity or shows it would be unfair to admit the copy instead.
How does the rule apply to a forensically imaged hard drive?+
Courts generally treat a verified bit-for-bit forensic image as functionally equivalent to the original medium, since the underlying data content, not the physical device, is what the rule protects.
Related terms
- Authentication
- The process of establishing that a document is what it purports to be. Under the US FRE Rule 901, the proponent must...
- Chain of Custody
- The documented chronological record of who collected, handled, transferred, and examined a piece of evidence. For digital evidence, chain of custody includes...
- Electronically Stored Information (ESI)
- Any information created, stored, or transmitted in electronic form, including emails, database records, spreadsheets, accounting system logs, chat messages, and metadata. ESI...
- Forensic Image
- A bit-for-bit verified copy of a storage medium, created using a write-blocker to prevent modification of the original. The copy is verified...
- Write Blocker
- A hardware or software device interposed between a digital storage medium and the forensic workstation that prevents any write commands from reaching...