MBE Rules · Evidence
Best evidence rule
FRE 1002
The rule
To prove the CONTENT of a writing, recording, or photograph, an original is required unless excused. Excused if (1) originals lost or destroyed (not in bad faith), (2) unobtainable, (3) opponent has and won't produce, (4) collateral matter. Duplicates generally admissible under 1003.
In plain English
If you want to prove what's in a document, recording, or photo, you usually need to show the original, unless there's a good reason you can't.
Worked example
Officer A wants to use a photo as evidence, but the original was destroyed in a fire. A copy is allowed since the loss wasn't intentional.
Memory hook
Best Evidence: Original's the MVP. Originals first for content proof unless excused by loss, unavailability, or opponent's refusal.
The trap
Students think: Any copy will do. Wrong, because originals are needed unless excused. The actual test is whether the original is necessary to prove content.
How examiners test it
MBE loves: dispute over document content. Trap: students assume duplicate always works. Test: why original isn't available—check for valid excuse or collateral matter.
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