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Miss. R. Evid. 1002

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Rule 1002 Requirement of the Original

Article X: Contents of Writings, Recordings, and Photographs

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Rule Text

An original writing, recording, or photograph is required in order to prove its content unless otherwise provided by law.

[Restyled effective July 1, 2016.]

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

If you want to prove what a document, recording, or photo says, you generally need to bring the actual original to court. Copies or descriptions of what it contains usually aren't good enough on their own.

This rule exists to prevent mistakes or dishonesty about what a document actually says. If someone just describes what a contract said, instead of showing the contract itself, there's more room for error or twisting the truth. Requiring the original helps make sure the court sees exactly what was written, recorded, or photographed, not someone's version of it.

There are exceptions built into other rules and laws that allow copies or other evidence to be used instead of the original in certain situations. But as a general starting point, the original is what courts expect to see when the content of a document, recording, or photo matters to the case.

Committee Notes

Advisory Committee Historical Note

Effective July 1, 2016, the Rule was amended as part of the general restyling of the Evidence Rules.

Effective June 16, 2016, the “Comment” was retitled “Advisory Committee Note.”

Advisory Committee Note

The language of Rule 1002 has been amended as part of the general restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.

This rule is a statement of the so-called best evidence rule. The best evidence rule only applies to writings, recordings, or photographs, as defined in Rule 1001, when a party seeks to prove their contents.

[“Advisory Committee Note” substituted for “Comment,” effective June 16, 2016; amended July 1, 2016, to note restyling.]

← Previous Rule 1001: Definitions That Apply to This Article Next → Rule 1003: Admissibility of Duplicates