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.
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...
Explained in
- Documentary Evidence and Chain of Custody in Fraud AuditsThe 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 admissibl...