Legal Definition and Related Resources of Best Evidence

Such proof as is best obtainable under existing circumstances. See state v Jeffersen, 460 P.2d 610, 204 Kan. 50. In relation to documents, the best proof of the terms or contents therein is the original document itself. However, it is a rule of preference which allows introduction of other evidence of the terms of a document where the absence or unavailability of the original is satisfactorily accounted for. See Don Flovd Builders Inc. v Paltrow, 330 A.2d82, 133 Vt. 79.

The best evidence ol which the nature of the case admits, not the highest or strongest evidence which the nature of the thing to be proved admits of; e. g., a copy of a deed is not the best evidence; the deed itself is better. Gilb. Ev. IB; Starkie, Ev. 437; 2 Campb. 605; 3 Campb. 236; 1 Esp. 127; 1 Pet. (U.S.) 591; 6 Pet. (U.S.) 352; 7 Pet. (U.S.) 100. The term is confined to cases where the law has divided evidence into primary and secondary. 33 Mich..53. The rule requiring the best evidence does not exclude a witness on the ground that another is more credible, but merely excludes such evidence as is substitutionary in its character, if the original evidence can be had. 65 Me. 467.

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Best Evidence in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Best Evidence in Historical Law in the Encyclopedia of Law.

Search for legal acronyms and/or abbreviations containing Best Evidence in the Legal Abbreviations and Acronyms Dictionary.

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Mentioned in these terms

Parol Evidence, Primary Evidence, Secondary Evidence.

Best Evidence Legal Definition

In proving what”s in a document, the best evidence is the document itself, and unless it”s not available, no other evidence is admissible to prove it.

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This definition of Best Evidence Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Vocabularies (Semantic Web Information)

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See Also

Primary evidence. Cf. best evidence rule.

Meaning of Best Evidence in the U.S. Legal System

Definition of Best Evidence published by the National Association for Court Management: Primary evidence; the best evidence available. Evidence short of this is “secondary.” That is, an original letter is “best evidence,” and a photocopy is “secondary evidence.”