NCJ Number
126988
Journal
Criminal Law Bulletin Volume: 26 Issue: 5 Dated: (September-October 1990) Pages: 432-451
Date Published
1990
Length
20 pages
Annotation
This article examines the Federal Rules of Evidence derived from the common-law concepts based in the original writing or best evidence principle.
Abstract
The best evidence rule mandates production of an original writing, recording, or photograph of an item. Secondary evidence can be produced only if adequate explanation for the absence of the original can be provided. Definitions of original, duplicate, writing, recording, and photographs are presented in rule 1001. Rule 1002 covers the requirement for production of the original when the contents are an issue. Rule 1003 addresses the admissibility of a duplicate, and Rule 1004 defines the circumstances under which the original is not required. Rules 1005, 1006, and 1007 address issues of public records, summaries, and admissions of a party-opponent, respectively. Lastly, Rule 1008 examines the functions of the courts and jury regarding interpretation of the original writing rule. 52 notes