What is BEST EVIDENCE? Definition of BEST EVIDENCE in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.
Primary evidence, as distinguished from secondary; original, as distinguished from substitutionary; the best and highest evidence of which the nature of the case is susceptible, not the highest or strongest evidence which the nature of the thing to be proved admits of. See, also, Primary Evidence.
A written instrument is itself always regarded as the primary or best possible evidence of its existence and contents; a copy, or the recollection of a witness, would be secondary evidence. Manhattan Malting Co. v. Sweteland, 14 Mont. 269, 36 P. 84.
"Best evidence" or "primary evidence" includes the best evidence which is available to a party and procurable un der the existing situation, and all evidence falling short of such standard, and which in its nature suggests there is bettei evidence of the same fact, is "secondary evidence." Best v. Equitable Life Assur. Soc., Mo.App., 299 S.W. 118, 120.
The best evidence of a fact is the testimony of a person who knows. State v. Normandale, 154 La. 523, 97 So. 798, 799 (mother could testify to the date of her daughter's birth, as against an objection that the baptismal certifi cate or the registry was the best evidence).
"Best evidence rule". Is that highest available degree of proof must be produced. Cheadle v. Bardwell, 95 Mont. 299, 26 P.2d 336. It means that no evidence which is merely substitutionary in its nature shall be received so long as original evidence can be had; Pettit v. Campbell, Tex.Civ. App., 149 S.W.2d 633, 635, 636; that contents of document must be proved by producing document itself. Nunan v. Timberlake, 85 F.2d 407, 410, 66 App.D.C. 150.
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That's the definition of BEST EVIDENCE in Black's Law Dictionary - Legal dictionary - Glossary of legal terms. Courtesy of Cekhukum.com.
