Are duplicates admissible under the Best Evidence Rule?

Are duplicates admissible under the Best Evidence Rule?

• A. Generally yes, unless a genuine issue is raised about authenticity or integrity
• B. No, duplicates are never admissible
• C. Only if the original is lost
• D. Only in civil cases

Answer: (A)

Under the Best Evidence Rule, the content of a writing is usually proved by the original. Duplicates are admissible to prove the same contents to the same extent, unless a genuine question is raised about the original’s authenticity or the original’s integrity would be unfair to admit the copy. This means a photocopy or printed version can be used to prove what the document says, as long as no party disputes that the copy accurately reflects the original. If authenticity or integrity is challenged, you should offer the original or take steps to authenticate the copy; there are other provisions for when the original is lost or unavailable, but the default is that duplicates are allowed.

Under the Best Evidence Rule, the content of a writing is usually proved by the original. Duplicates are admissible to prove the same contents to the same extent, unless a genuine question is raised about the original’s authenticity or the original’s integrity would be unfair to admit the copy. This means a photocopy or printed version can be used to prove what the document says, as long as no party disputes that the copy accurately reflects the original. If authenticity or integrity is challenged, you should offer the original or take steps to authenticate the copy; there are other provisions for when the original is lost or unavailable, but the default is that duplicates are allowed.