312-49 · Question #518
Which rule requires an original recording to be provided to prove the content of a recording?
The correct answer is B. 1002. Federal Rule of Evidence (FRE) 1002 is known as the 'Best Evidence Rule' or 'Original Writing Rule.' It states that to prove the content of a writing, recording, or photograph, the original must be produced unless the rules or a federal statute provides otherwise. The surrounding
Question
Which rule requires an original recording to be provided to prove the content of a recording?
Options
- A1004
- B1002
- C1003
- D1005
How the community answered
(32 responses)- A3% (1)
- B88% (28)
- C3% (1)
- D6% (2)
Explanation
Federal Rule of Evidence (FRE) 1002 is known as the 'Best Evidence Rule' or 'Original Writing Rule.' It states that to prove the content of a writing, recording, or photograph, the original must be produced unless the rules or a federal statute provides otherwise. The surrounding rules are: Rule 1001 (definitions), Rule 1003 (admissibility of duplicates as acceptable substitutes under most circumstances), Rule 1004 (when other evidence of content is admissible, e.g., when the original is lost), and Rule 1005 (copies of public records).
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