Under the Best Evidence Rule, which must be produced to prove contents?

• A. The original writing must be produced.
• B. A summary of the contents is sufficient.
• C. A paraphrase by a witness is sufficient.
• D. The original writing or a reliable duplicate must be produced to prove its contents, unless an exception applies.

Answer: (D)

When you’re proving the contents of a writing, the Best Evidence Rule requires you to produce the original document, or a reliable duplicate, so the court can see the exact text as it existed. This preserves accuracy and avoids errors that can creep in from summaries or paraphrasing. A summary or paraphrase isn’t enough to prove the precise contents because it introduces the risk of misquotation or misinterpretation. The rule does allow other evidence of contents only if an exception applies—such as when the original is lost or destroyed, not obtainable by judicial process, or the original’s production is otherwise unavailable—so a duplicate or other admissible proof may stand in those limited circumstances. That’s why the best answer is that the original or a reliable duplicate must be produced to prove its contents, unless an exception applies.