Under the Best Evidence Rule, what is the general rule about duplicates and when the original is not available?

Under the Best Evidence Rule, what is the general rule about duplicates and when the original is not available?

• A. Duplicates are inadmissible
• B. Duplicates are generally admissible; if original unavailable, secondary evidence may be admitted with proper reason and safeguards
• C. Originals must always be produced
• D. Duplicates require witness testimony about creation

Answer: (B)

Under the Best Evidence Rule, the focus is on proving a writing’s contents with reliable proof. Duplicates are generally allowed to prove what the original would prove; a copy can stand in for the original when the contents are at issue, as long as no genuine question is raised about the copy’s authenticity or whether it accurately reflects the original. When the original isn’t available, you’re not left without proof. The rule allows secondary evidence of the content—such as a copy or testimony about the contents—provided there’s a valid reason the original can’t be produced and appropriate safeguards are in place. This typically means showing why the original is unavailable (lost, destroyed, not obtainable by legal process, or not reasonably obtainable despite due diligence) and offering measures to ensure reliability, like authentication that the duplicate is a faithful reproduction, and giving the opposing side an opportunity to inspect or challenge the copy. So, duplicates aren’t automatically disqualified; they’re often admissible. The key is that the original’s unavailability must be shown with legitimate grounds, and steps must be taken to ensure the content’s accuracy and fair testing of authenticity.

Under the Best Evidence Rule, the focus is on proving a writing’s contents with reliable proof. Duplicates are generally allowed to prove what the original would prove; a copy can stand in for the original when the contents are at issue, as long as no genuine question is raised about the copy’s authenticity or whether it accurately reflects the original.

When the original isn’t available, you’re not left without proof. The rule allows secondary evidence of the content—such as a copy or testimony about the contents—provided there’s a valid reason the original can’t be produced and appropriate safeguards are in place. This typically means showing why the original is unavailable (lost, destroyed, not obtainable by legal process, or not reasonably obtainable despite due diligence) and offering measures to ensure reliability, like authentication that the duplicate is a faithful reproduction, and giving the opposing side an opportunity to inspect or challenge the copy.

So, duplicates aren’t automatically disqualified; they’re often admissible. The key is that the original’s unavailability must be shown with legitimate grounds, and steps must be taken to ensure the content’s accuracy and fair testing of authenticity.