Also known as: original documents · originals
Written by attorneys · grounded in primary & secondary sources — see below
A writing, recording, or photograph that serves as the primary evidence of its own content under the best evidence rule. Secondary evidence of that content is admissible only when the original is unavailable for reasons such as loss or destruction without bad faith by the proponent or when a statute or rule permits an exception.
Harper & Lane LLP shredded its signed contingency-fee agreement with Ortiz during a routine office downsizing before any dispute arose. At trial the firm offered its secretary's summary and billing printouts to prove the agreement's terms. Because all originals were destroyed without bad faith, the court permitted the secondary evidence to establish the content of the writing.
Coastal Team offered a one-page summary chart compiled from more than four thousand contracts to prove revenue-sharing obligations. The firm made the underlying originals available for examination at league headquarters during ordinary business hours. The court admitted the summary after confirming that the originals could be examined or copied at a reasonable time and place.
Select any source to read its text and confirm it supports the definition.
Odessa Okada sued Omega Energy in federal court under diversity jurisdiction for breach of a recorded easement. She sought to prove the easement's precise boundaries by introducing a photocopy of the original deed. The court required production of the original document because state law governed the substantive question of what constituted the authoritative writing.
Oscar Ortiz claimed that a music publisher's parody infringed his copyrighted song. To prove the substantial similarity of the copied lyrics, Ortiz offered only a handwritten transcription of the original sheet music. The court insisted on the original document to establish the precise content of the protected work.
Omar Olson sought to enjoin a newspaper from publishing excerpts of government reports. The government offered only redacted photocopies to demonstrate the documents' sensitive content. The court required the original documents to determine whether their disclosure would cause the claimed harm.
Orion Orlov challenged a state criminal statute on equal protection grounds. To prove the statute's text and legislative history, he offered only a typed summary of the session laws. The court required the original document to establish the precise wording that created the classification.
The rule requires the original when a party seeks to prove the content of a writing, recording, or photograph and the terms are material to the case. Secondary evidence is permitted only if the original is lost or destroyed without bad faith or another recognized exception applies.
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The proponent must show that all originals were lost or destroyed and that the proponent did not act in bad faith. Routine office policies applied before any dispute arose typically satisfy the good-faith requirement.
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Yes. The proponent must make the underlying originals or duplicates available for examination or copying at a reasonable time and place, and the court may order production in court if needed.
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No. The rule applies only when the party seeks to prove the content of the writing itself. Testimony about events that happen to be recorded in a document does not trigger the requirement.
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…of the Senate and House which have been approved and signed, cause them to be published and distributed, carefully preserve the originals and cause them to be recorded. It provides for the seal of the United States and makes it his duty to keep that seal and to make out, record and affix the seal to all civil commissions…