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Understanding the Documentary-Originals Rule: A Key Legal Principle
Definition & Meaning
The documentary originals rule, often referred to as the best evidence rule, requires that when a party wants to prove the contents of a document, they must present the original document itself. If the original is not available, then a reliable duplicate, such as a photocopy, may be used. In cases where neither the original nor a duplicate can be produced, secondary evidence, like testimony from someone who drafted or read the document, may be allowed. This principle ensures that the most reliable evidence is presented in legal proceedings.
Table of content
Legal Use & context
This rule is commonly applied in various legal contexts, including civil and criminal cases. It is particularly relevant in disputes involving contracts, property, and financial records, such as books of account. Users may find it helpful to utilize legal templates from US Legal Forms to prepare documents that comply with this rule.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, in a contract dispute, if one party claims that a specific agreement was made, they must provide the original signed contract. If the contract is lost, a photocopy may be used instead. If both the original and the copy are unavailable, a witness who can testify about the agreement may be called to provide secondary evidence.
Relevant laws & statutes
The documentary originals rule is codified under the Federal Rules of Evidence, specifically in Rules 1001 to 1004. These rules outline the requirements for presenting evidence in federal courts.
Comparison with related terms
Term
Definition
Key Differences
Best Evidence Rule
Another name for the documentary originals rule.
Emphasizes the need for original documents.
Secondary Evidence
Evidence that is not the original document.
Used only when original or duplicate is unavailable.
Common misunderstandings
What to do if this term applies to you
If you need to prove a document's contents in a legal context, start by locating the original document. If it's lost, gather any duplicates you may have. If neither is available, consider identifying witnesses who can provide relevant testimony. For assistance, explore US Legal Forms for templates that can help you prepare your case effectively.
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