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The best evidence rule states that only the original evidence can be presented unless there is a legitimate reason why it cannot be used. This rule is complicated when it comes to electronic evidence, but courts can apply it on a case-by-case basis. Digitized evidence can be just as good as the original, and it allows individuals to protect the original evidence.
The best evidence rule is a rule of law which states that when evidence such as a document or recording is presented, only the original will be accepted unless there is a legitimate reason why the original cannot be used. This rule has its origins in the 1800s. With the advent of electronic communications, there has been some discussion about how the best evidence rule should be applied and whether or not it is relevant.
The idea behind the best evidence rule is that the best evidence is the original evidence. If someone writes a letter, for example, and someone else makes a copy, the copy might contain errors if it was done by hand, or the copying process might interfere with the letter in some way. For example, a poor photocopy might obscure handwriting details, while a digital copy might mar the color and could even be manipulated by someone with skill.
For this reason, if possible, courts want to see the original evidence. If the original is destroyed or inaccessible for some reason, a copy will be accepted. However, the copy must be proved by a witness who can testify about the content and confirm that it is a faithful copy of the original. In the letter example above, for example, a lawyer might call the person who wrote the letter to ask if the copy is indeed a copy of the letter that person wrote, and to confirm that the copy was not manipulated.
Electronic evidence can be more complicated. For example, it can be difficult to identify the original copy of an email; it can be the copy in the sender’s outbox, on the server, in the recipient’s inbox, and so on. Similarly, it may be impossible to tell whether a file is an original or a copy, although it is possible to collect data such as when the file was generated and when it was altered. With digital evidence, courts can apply the best evidence rule on a case-by-case basis, depending on the evidence and the situation.
The best proof rule was of particular interest in an era when documents were copied by hand and when things like photographs could only be reprinted through manual processes. Today, however, much evidence can be digitized into a very high quality form and some courts may find these copies to be every bit as good as the original. Additionally, using digitized evidence in court allows individuals to protect the original evidence and protect it from damage, loss or theft.
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