Note that although the Supreme Court is not a trier of fact, it determines how to interpret them, such as use of the
best evidence rule. It also resolves conflicting appraisals of facts.
The Rules of Court's "
Best Evidence Rule" states: "When the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original document itself.
In the said ruling, the Court noted that the
best evidence rule, which regards original copy of a document as superior evidence, has been recognized as evidentiary standard since the 18th century.
We can see the
best evidence rule (106) as a method for maintaining such higher standards contexts.
The effect of the initiative became moot in 1999 when the legislature replaced the
Best Evidence Rule with the Secondary Evidence Rule by the required super-majority.
of the
Best Evidence Rule. (116) kinder this approach, courts would
The company objected to the introduction of photocopies under the
best evidence rule; however, the court overruled its objection.
On appeal, however, the importation conviction was reversed because the officers' testimonies violated the
best evidence rule.
1979) (concluding that a plain violation of the
best evidence rule was not grounds for reversal); Edward M.
As far as we're concerned, if there's anybody who can give the best evidence--you know, you hear about the
best evidence rule and direct evidence--he certainly can on these issues," he said.
Another major concern in the admissibility of electronic mail is what is popularly termed the "
Best Evidence Rule." Under the Federal Rules of Evidence, production of original documents is definitely preferred.
Best evidence rule. This rule requires that if any original documents, for instance, invoices, receipts or checks, are available, they--not copies--must be used in court.