Define: Best Evidence

Best Evidence
Best Evidence
Quick Summary of Best Evidence

A rule of evidence that demands that the original of any document, photograph or recording be used as evidence at trial rather than a copy. A copy will be allowed into evidence only if the original is unavailable.

The best evidence refers to the most reliable and trustworthy evidence available in a legal case. It is the evidence that is most likely to prove or disprove a fact in dispute. Courts generally prefer the best evidence over secondary evidence, such as hearsay or copies of documents, as it is considered more accurate and authentic. The best evidence can include original documents, recordings, or testimony from a witness who has firsthand knowledge of the facts in question.

The best evidence rule allows for “original” evidence to be produced to prove what the document states. The reason this rule was implemented was that copies could have errors. For example, if someone copied a letter, mistakes could have been made in the transcription or details could have been obscured by the handwriting. Copies of pictures could also have the colours changed or manipulated.

Over the years, the best evidence rule has lost significance, however, since copies of the originals are no longer produced by hand but can be reproduced in a very high-quality form, and the copies are generally as clear and good as the originals. Electronic communications have also become even more difficult because it can be impossible to tell if a file is original or a copy, although it is possible to collect data such as when the file was generated and when it was altered. In this situation, the court may apply the best evidence rule on a case-by-case basis.

A copy of a document or testimony by a witness would be “secondary evidence. Secondary evidence cannot be introduced under the best evidence rule unless the best evidence cannot be obtained.

What is the dictionary definition of Best Evidence?
Dictionary Definition of Best Evidence

n. the legal doctrine that an original piece of evidence, particularly a document, is superior to a copy. If the original is available, a copy will not be allowed as evidence in a trial.

The best evidence refers to the most reliable and trustworthy evidence available in a legal case. It is the evidence that is most likely to prove or disprove a fact in dispute. Courts generally prefer the best evidence over secondary evidence, such as hearsay or copies of documents, as it is considered more accurate and authentic. The best evidence can include original documents, recordings, or testimony from a witness who has first-hand knowledge of the facts in question.

Full Definition Of Best Evidence

The principle of “best evidence” is a foundational concept in both civil and criminal litigation, predominantly within common law jurisdictions such as the United Kingdom. The best evidence rule dictates that the most reliable and original evidence should be presented in court to establish the facts of a case. This rule ensures the integrity of the judicial process by prioritising direct evidence over secondary sources. This overview will delve into the origins, applications, and exceptions of the best evidence rule, providing a comprehensive understanding of its role in the legal system.

Historical Context

The best evidence rule has its roots in the common law system, where it was developed to counteract the potential for fraud and inaccuracies inherent in secondary evidence. The rule emerged during the 18th century, primarily through judicial decisions that sought to establish clear guidelines for evidence admissibility. One of the landmark cases was Omychund v. Barker (1744), where the court emphasised the importance of presenting the original document over a copy to ensure authenticity and reliability.

Definition and Scope

The best evidence rule mandates that the original document or primary evidence be produced in court when the contents of a document are in dispute. This principle applies to all forms of documentary evidence, including writings, recordings, and photographs. The rule is encapsulated in Section 8 of the Civil Evidence Act 1995 and various judicial precedents, underscoring its significance in ensuring accurate and fair adjudication.

Application in Civil and Criminal Proceedings

In civil proceedings, the best evidence rule is crucial for maintaining the credibility of documentary evidence. For instance, in contract disputes, the original contract must be presented to prove its terms. The rule is similarly pivotal in criminal cases, where the authenticity of evidence can significantly impact the outcome. For example, in a case involving forgery, the prosecution must present the original forged document to substantiate their claims.

Exceptions to the Rule

Despite its stringent requirements, the best evidence rule is not absolute and allows for several exceptions. These exceptions are designed to accommodate practical difficulties that may arise in producing original evidence. Key exceptions include:

  1. Loss or Destruction of Original Document: If the original document has been lost or destroyed, secondary evidence such as copies or oral testimony may be admissible, provided the party can prove the loss or destruction was not intentional.
  2. Document in Possession of the Adverse Party: If the original document is in the possession of the opposing party and they refuse to produce it, secondary evidence may be used.
  3. Public Records: Certified copies of public records are admissible as they are considered reliable and their authenticity can be easily verified.
  4. Voluminous Writings: When dealing with extensive records, summaries may be presented if the originals are available for examination by the opposing party.
  5. Electronic Evidence: With the rise of digital documents, courts have adapted the rule to include electronically stored information (ESI). The Electronic Communications Act 2000 and subsequent regulations provide a framework for the admissibility of electronic evidence, recognising the reliability of digital records.

Judicial Interpretation and Case Law

The best evidence rule has been subject to extensive judicial interpretation, shaping its application in contemporary legal practice. Several landmark cases have refined the understanding and boundaries of the rule.

Hickory v. United States (1894) is a seminal case that illustrated the rule’s flexibility. The court allowed secondary evidence when the original document was lost, provided the loss was satisfactorily explained. This case established a precedent for accepting secondary evidence under specific circumstances.

In R v. Robson (1972), the court dealt with the admissibility of electronic recordings. The ruling emphasised the necessity of demonstrating the reliability of the recording process and the absence of tampering. This case highlighted the evolving nature of the best evidence rule in response to technological advancements.

Modern Challenges and Adaptations

The digital age has introduced new challenges for the best evidence rule. The proliferation of electronic documents and the ease with which they can be altered necessitate robust mechanisms to ensure their authenticity. The Police and Criminal Evidence Act 1984 (PACE) and the Criminal Procedure Rules provide guidelines for handling digital evidence, emphasising the need for proper documentation and verification.

One of the notable adaptations is the acceptance of digital signatures and electronic contracts under the Electronic Communications Act 2000. This Act ensures that electronic documents hold the same legal standing as their paper counterparts, provided they meet specific criteria for reliability and security.

Practical Considerations for Legal Practitioners

Legal practitioners must be adept at navigating the intricacies of the best evidence rule to effectively present or challenge evidence in court. Key considerations include:

  1. Verification of Authenticity: Ensuring that documents are authentic and unaltered is paramount. Practitioners should be prepared to demonstrate the chain of custody and the methods used to verify electronic documents.
  2. Preparation of Secondary Evidence: In cases where the original document is unavailable, practitioners must be diligent in preparing secondary evidence. This includes obtaining certified copies and providing a clear explanation for the absence of the original.
  3. Technological Proficiency: With the increasing reliance on digital evidence, legal practitioners must be proficient in understanding and utilising electronic evidence. This includes familiarity with software tools for document verification and data recovery.
  4. Compliance with Legal Standards: Adhering to the standards set forth by legislation and case law is essential. Practitioners should stay informed about the latest developments in evidence law to ensure compliance and leverage the most effective strategies.

International Perspectives

The best evidence rule is not unique to the UK and has parallels in other common law jurisdictions, including the United States, Canada, and Australia. While the core principle remains consistent, the application and exceptions may vary based on local legal frameworks.

In the United States, the Federal Rules of Evidence (FRE) govern the admissibility of evidence. Rule 1002, also known as the “Best Evidence Rule,” mandates the original document’s production but allows for numerous exceptions similar to those in the UK. Canadian law also incorporates the best evidence principle, with the Canada Evidence Act providing guidance on electronic documents.

Australia’s Evidence Act 1995 aligns closely with the UK’s approach, emphasising the importance of original evidence while accommodating practical exceptions. These international parallels highlight the rule’s universal significance in ensuring the integrity of the judicial process.


The best evidence rule is a cornerstone of the legal system, ensuring that the most reliable and authentic evidence is presented in court. Its historical development, rooted in common law, underscores its enduring relevance. While the rule is stringent in its requirements, numerous exceptions and adaptations accommodate practical challenges, particularly in the digital age.

Legal practitioners must navigate the complexities of the best evidence rule with diligence and proficiency, ensuring that they can effectively present or challenge evidence in court. As technology continues to evolve, the rule will undoubtedly adapt further, maintaining its crucial role in upholding the integrity and fairness of legal proceedings.

By understanding the nuances and applications of the best evidence rule, practitioners can better serve their clients and contribute to a more reliable and just legal system.

Best Evidence FAQ'S

The best evidence rule is a legal principle that requires the original or best available evidence to be presented in court, rather than a copy or secondary source.

The best evidence is typically the original document or object, such as a contract, will, or physical item, that is directly relevant to the case at hand.

In general, photocopies or digital copies of documents are not considered the best evidence and may be subject to objections in court. However, they may be admissible if the original is unavailable or if certain exceptions apply.

If the original evidence is lost or destroyed, the party seeking to introduce the evidence may be able to present secondary evidence, such as testimony or other documents, to prove its contents.

Witness testimony can be considered the best evidence if it is the only available evidence of a particular fact or event. However, it is generally preferred to have corroborating physical evidence whenever possible.

The best evidence rule applies to electronic communications and records in the same way it applies to physical documents. The original electronic file or record is typically considered the best evidence.

Common objections to the best evidence rule include lack of foundation, authenticity, and hearsay. These objections may be raised by opposing parties to challenge the admissibility of certain evidence.

A party may be penalized for failing to produce the best evidence if it is within their control to do so and they fail to provide a valid explanation for its absence.

Video and audio recordings are subject to the best evidence rule, and the original recording is typically considered the best evidence. Copies may be admissible under certain circumstances.

If you have concerns about the best evidence in your case, it is important to discuss them with your attorney. They can advise you on how to best present and authenticate the evidence in court.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 10th June 2024.

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