Rule 1002 Requirement of original; exception.
Rule Text
To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by Act of Congress or of the Legislature of the State of Nebraska or by other rules adopted by the Supreme Court of Nebraska.
Amendment history: Laws 1975, LB 279, § 65.
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, descriptions, or someone's memory of what it said usually won't be enough on their own.
There are exceptions to this though. Other rules, laws passed by Congress or the Nebraska Legislature, or rules made by the Nebraska Supreme Court can allow copies or other evidence to be used instead of the original. So while the original is the default requirement, it's not an absolute rule in every situation.
This matters most when the exact wording of something is in dispute. If both sides agree on what a document says, this rule usually doesn't cause problems. But if there's a disagreement about the content, courts want the original version whenever possible to avoid mistakes, alterations, or misunderstandings.
Committee Notes
Ledgers and similar records, relevant and admissible in their own right as business records and without regard to the admissibility of their underlying materials, do not fall under this section and section 27-1006 because they are not summaries as defined by section 27-1006 but rather are considered the original writings. 132 Ventures v. Active Spine Physical Therapy, 318 Neb. 64, 13 N.W.3d 441 (2024).
Ledgers and similar records, relevant and admissible in their own right as business records and without regard to the admissibility of their underlying materials, do not fall under this section and section 27-1006 because they are not summaries as defined by section 27-1006 but rather are considered the original writings. 132 Ventures v. Active Spine Physical Therapy, 318 Neb. 64, 13 N.W.3d 441 (2024).
This section is a rule of preference for the production of the original of a writing, recording, or photograph when the contents of the item are sought to be proved. Richter v. City of Omaha, 273 Neb. 281, 729 N.W.2d 67 (2007).
This section is a rule of preference for the production of the original of a writing, recording, or photograph when the contents of the item are sought to be proved. Richter v. City of Omaha, 273 Neb. 281, 729 N.W.2d 67 (2007).
This "original writings" rule, which is sometimes inaccurately referred to as the "best evidence" rule, applies only if the party offering the evidence is seeking to prove the contents of a writing, recording, or photograph. State v. Decker, 261 Neb. 382, 622 N.W.2d 903 (2001).
This "original writings" rule, which is sometimes inaccurately referred to as the "best evidence" rule, applies only if the party offering the evidence is seeking to prove the contents of a writing, recording, or photograph. State v. Decker, 261 Neb. 382, 622 N.W.2d 903 (2001).
The best evidence rule, which might more properly be called the "original writing" rule or, more correctly, the rule for "production of an original writing or document", is in reality a rule of preference for the production of the original of a writing, recording, or photograph when the contents of the item are sought to be proved. The original writing or "original document" rule does not set up a hierarchy for admissibility of evidence, but applies when a party seeks to prove material contents of a writing, recording, or photograph. The purpose of this section is the prevention of fraud, inaccuracy, mistake, or mistransmission of critical facts contained in a writing, recording, or photograph when its contents are an issue in a proceeding. By its terms, this section applies to proof of the contents of a recording. State v. Kula, 260 Neb. 183, 616 N.W.2d 313 (2000).
The best evidence rule, which might more properly be called the "original writing" rule or, more correctly, the rule for "production of an original writing or document", is in reality a rule of preference for the production of the original of a writing, recording, or photograph when the contents of the item are sought to be proved. The original writing or "original document" rule does not set up a hierarchy for admissibility of evidence, but applies when a party seeks to prove material contents of a writing, recording, or photograph. The purpose of this section is the prevention of fraud, inaccuracy, mistake, or mistransmission of critical facts contained in a writing, recording, or photograph when its contents are an issue in a proceeding. By its terms, this section applies to proof of the contents of a recording. State v. Kula, 260 Neb. 183, 616 N.W.2d 313 (2000).
The original document rule does not set up a hierarchy for admissibility of evidence, but applies when a party seeks to prove material contents of a writing, recording, or photograph. The purpose of this section is the prevention of fraud, inaccuracy, mistake, or mistransmission of critical facts contained in a writing, recording, or photograph when its contents are at issue in a proceeding. Equitable Life v. Starr, 241 Neb. 609, 489 N.W.2d 857 (1992).
The original document rule does not set up a hierarchy for admissibility of evidence, but applies when a party seeks to prove material contents of a writing, recording, or photograph. The purpose of this section is the prevention of fraud, inaccuracy, mistake, or mistransmission of critical facts contained in a writing, recording, or photograph when its contents are at issue in a proceeding. Equitable Life v. Starr, 241 Neb. 609, 489 N.W.2d 857 (1992).
Not error to admit in evidence a transcription of a tape recording which was itself in evidence. State v. Martin, 198 Neb. 811, 255 N.W.2d 844 (1977).
Not error to admit in evidence a transcription of a tape recording which was itself in evidence. State v. Martin, 198 Neb. 811, 255 N.W.2d 844 (1977).
By its terms, this section applies to proof of the contents of a recording. Chevalier v. Metropolitan Util. Dist., 24 Neb. App. 874, 900 N.W.2d 565 (2017).
By its terms, this section applies to proof of the contents of a recording. Chevalier v. Metropolitan Util. Dist., 24 Neb. App. 874, 900 N.W.2d 565 (2017).
The best evidence rule is a rule of preference for the production of the original of a writing, recording, or photograph when the contents of the item are sought to be proved. Chevalier v. Metropolitan Util. Dist., 24 Neb. App. 874, 900 N.W.2d 565 (2017).
The best evidence rule is a rule of preference for the production of the original of a writing, recording, or photograph when the contents of the item are sought to be proved. Chevalier v. Metropolitan Util. Dist., 24 Neb. App. 874, 900 N.W.2d 565 (2017).
The purpose of the best evidence rule is the prevention of fraud, inaccuracy, mistake, or mistransmission of critical facts contained in a writing, recording, or photograph when its contents are an issue in a proceeding. Chevalier v. Metropolitan Util. Dist., 24 Neb. App. 874, 900 N.W.2d 565 (2017).
The purpose of the best evidence rule is the prevention of fraud, inaccuracy, mistake, or mistransmission of critical facts contained in a writing, recording, or photograph when its contents are an issue in a proceeding. Chevalier v. Metropolitan Util. Dist., 24 Neb. App. 874, 900 N.W.2d 565 (2017).
The best evidence rule, also known as the original document rule, states that the original writing, recording, or photograph is required to prove the content of that writing, recording, or photograph. Flodman v. Robinson, 22 Neb. App. 943, 864 N.W.2d 716 (2015).
The best evidence rule, also known as the original document rule, states that the original writing, recording, or photograph is required to prove the content of that writing, recording, or photograph. Flodman v. Robinson, 22 Neb. App. 943, 864 N.W.2d 716 (2015).
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