Under the Best Evidence Rule, when is secondary evidence permissible?

• A. Whenever the witness prefers it.
• B. Only if the original is available and in good condition.
• C. When the original is unavailable for a valid reason or under exceptions.
• D. Only in criminal cases.

Answer: (C)

The main idea here is that the Best Evidence Rule requires proving the contents of a writing with the original document whenever those contents are in issue. You should generally produce the original if it exists and is reasonably obtainable. Secondary evidence—like a copy or testimony about the contents—only becomes permissible when the original is unavailable for a valid reason or falls within one of the recognized exceptions. In other words, you can use secondary evidence only if the original cannot be obtained or is missing for a legitimate, supported reason, not simply because someone prefers a copy or because the case is civil or criminal. When the original is unavailable for a valid reason, such as being lost or destroyed, or cannot be obtained through any available process, secondary evidence is allowed. If the original is available and in good condition, the best practice is to use the original rather than secondary evidence.