Home › South Carolina › South Carolina Rules of Evidence › Rule 1002

Court Rules Network • courtrules.net

SCRE 1002

Not legal advice. Verify against official sources before relying on this text in any legal matter.

Rule 1002 Requirement of Original

Article X. Contents of Writings, Recordings, and Photographs

← Previous Rule 1001: Definitions Next → Rule 1003: Admissibility of Duplicates

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 statute.

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 show the actual original. Courts prefer this because copies can be altered, incomplete, or unclear, and the original gives the most reliable proof of what it actually contains.

This is often called the "best evidence rule." It mostly comes up when someone is trying to prove specific words or details in a written document, a recording, or an image. For example, if a case depends on the exact wording of a contract, you would typically need to bring the original contract rather than just describing it or offering a summary.

There are exceptions built into the evidence rules and in certain state laws. In some situations, copies are allowed if the original was lost, destroyed, or is otherwise unavailable through no fault of the person trying to use it. Courts look at these exceptions case by case, but the starting rule is that the original is what counts.

Committee Notes

Note:

This rule is better known as the best evidence rule. This rule is identical to the federal rule except the words "by statute" were substituted at the end of the rule in place of the words "by Act of Congress."

The proposed rule is consistent with current case law as it applies to writings. See, e.g., Riddle v. City of Greenville, 251 S.C. 473, 163 S.E.2d 462 (1968); Sample v. Gulf Refining Co., 183 S.C. 399, 191 S.E. 209 (1937); Cain v. Whitlock, 178 S.C. 289, 182 S.E. 752 (1935); Mull v. Easley Lumber Co., 121 S.C. 155, 113 S.E. 356 (1922); Guinarin v. So. Life & Trust Co., 106 S.C. 37, 90 S.E. 319 (1916); Mayfield v. So. Ry., 85 S.C. 165, 67 S.E. 132 (1910); McCoy v. Atl. Coast Line Ry., 84 S.C. 62, 65 S.E. 939 (1909).

There are no cases which deal with the applicability of the best evidence rule to photographs and only one case in which the best evidence rule has been applied to recordings. State v. Worthy, 239 S.C. 449, 123 S.E.2d 835 (1962), overruled on other grounds, State v. Torrence, 305 S.C. 45, 406 S.E.2d 315 (1991).

Examples of statutes that have an effect on the requirement to produce the original are: S.C. Code Ann. § 19-1-110 (1985) (instruments of common carriers); S.C. Code Ann. § 19-5-10 (1985) (public documents); S.C. Code Ann. § 19-5-210 (1985) (grants issued by North Carolina); S.C. Code Ann. §§ 19-5-310 and -320 (1985) (missing person reports); S.C. Code Ann. § 19-5-510 (1985) (business records).

← Previous Rule 1001: Definitions Next → Rule 1003: Admissibility of Duplicates