ABSTRACT
This was an old rule of evidence requiring that the best evidence that the nature of the case allowed should always be presented to the jury. It did not require the greatest quantity of evidence that could possibly be given of any fact; the object of the rule was to prevent the introduction of any evidence which, from the nature of the case, suggested that better evidence was in the possession of the party producing it. So, for example, oral evidence of the physical condition of certain objects was rejected when the objects could have been produced in court.44 The best evidence rule was also one of the traditional justifications for rejecting hearsay evidence.45 The rule has long since fallen into abeyance.46
