Best Evidence Rule Original Document Requirement

Definition: An evidentiary rule requiring that the original document, recording, or photograph must be produced to prove the contents of the document. A copy is admissible only when the original is unavailable or its production is not feasible.

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Original Document Requirement in Florida Courts

The original document requirement in Florida ensures that courts and opposing parties can examine actual documents rather than relying on potentially inaccurate secondary evidence about their contents.

Purpose

The requirement prevents fraud and ensures accuracy. Documents contain precise language that affects legal rights; testimony about document contents risks inaccuracy, omission, and fabrication. By requiring the original or a verified duplicate, Florida courts ensure that factual determinations are based on the best available evidence.

When Originals Are Unavailable

Section 90.954 permits secondary evidence when the proponent demonstrates good-faith unavailability. The proponent must explain the circumstances of loss or destruction and show that the absence is not the result of bad faith. Once this foundation is established, oral testimony, notes, partial copies, and other secondary evidence become admissible to prove the document's contents.

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Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney-client relationship with Barnes Walker, Goethe, Shea & Robinson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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