What does the Best Evidence Rule require under Rule 1002?

• A. The original writing must be produced to prove its content unless an exception applies.
• B. A duplicate is admissible in all cases.
• C. The content can be proven by testimony about the writing.
• D. The writing is not required if the document is a public record.

Answer: (A)

The Best Evidence Rule under Rule 1002 requires the original writing to prove its content, unless an exception applies. This baseline ensures that the exact words and meaning are presented, reducing the risk of misinterpretation or tampering that could come from copies or testimony about the writing. In practice, a duplicate is usually treated as having the same force as the original, but not in every situation—if there is a genuine question about the original’s authenticity or fairness, a court may restrict or exclude the duplicate. When the original can’t be produced, other methods may prove the content under separate provisions (for example, testimony about the writing or other permissible proofs), but the starting point is that the original is required to prove its contents.