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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...

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