Question

The Pied Piper sues the Mayor of Hamelin for breach of contract. To prove the contract’s terms, the Piper offers a photocopy of the contract into evidence, without explaining the whereabouts of the original. The Mayor objects, claiming the Best Evidence rule requires that Piper produce the original contract. How do you rule, under the FRE?

Answer 1

A photocopy of the document is called as duplicate under FRE 1001(4). A duplicate is admissable as good as the original unless there is genuine concern about the authenticity of the original or it will be unfair to admit the duplicate (FRE 1003). In this case the duplicate has not been questioned about the authenticity ( as per the facts at least) and there is no reason to believe it would be unfair to admit a photocopy, the copy should be admitted notwithstanding the B.E.R.