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 history of possession, handling, storage and transfer of an exhibit. It supports traceability between collection and examination, while the significance...
- Electronically Stored Information (ESI)
- The US legal term for any information created, stored, or communicated digitally. ESI includes emails, accounting databases, spreadsheets, instant messages, ERP records,...
- Forensic Image
- A forensic image is a documented representation of acquired storage data, commonly a physical bitstream image or a defined logical acquisition. Its...
- Write Blocker
- A write blocker prevents supported write commands from reaching specified source media during acquisition. Its effectiveness depends on the interface, configuration and...