best evidence rule

In Anglo-American law, the "best evidence rule" mandates that when proving the contents of a document, the original document must be presented. This rule is a cornerstone of evidence law, aiming to ensure the most accurate and reliable information is used in legal proceedings.1

The rule is particularly important when dealing with documentary evidence, which is often considered superior to witness testimony due to its inherent reliability. If the original document is unavailable, secondary evidence may be permitted, but only after specific conditions are met, such as a court order to produce the document. This contrasts with continental European law, which generally allows judges more discretion in evaluating various forms of evidence, including hearsay, without the strict adherence to the best evidence rule.123