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Evidence Articles

Understanding Best Evidence Rule

The best evidence rule is a rule of evidence which excludes what is otherwise logically relevant evidence based on considerations of reliability. This is analogous to the inadmissibility of hearsay testimony. We exclude hearsay testimony because we believe testimony should be subject to cross examination so as to provide greater reliability. The best evidence rule analogously directs that original writings be presented as evidence as opposed to secondary evidence of those writings. We want the real thing.

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