BEST EVIDENCE
An original document or object offered as proof of
a fact in a lawsuit as opposed to a photocopy of, or
other substitute for, the item or the testimony of a
witness describing it.
Best evidence, also known as primary evidence,
usually denotes an original writing,
which is considered the most reliable proof of its
existence and its contents. If it is available to, and obtainable by, a party, it must be offered
into evidence at a trial. Best evidence is distinguishable
from secondary evidence, a reproduction
of an original or testimony establishing its
existence, which will be admissible as proof only
if the best evidence cannot be obtained, and
ensuring no fault of the party seeking to present
it.
The principle that the best available evidence
must be presented as proof in a lawsuit is
embodied in the best-evidence rule.
