3.2 Best Evidence Must Be Produced

The best-evidence rule: the original — not the copy — the primary source produced where available (Unit 2.3's divide as a duty). The classic application: the documents — the original's production; the secondary evidence only on the original's absence or refusal (the loss, the opponent's withholding — the foundations proved). The modern faces: the digital originals (the printout and the data); the rule's softened core (the duplicates' reliability; the weight-not- admissibility trend). The rule's spirit: the law asks for the most reliable version the circumstances allow — the negligent copier and the selective quoter are the rule's targets.