What is required for a party seeking to prove the content of a writing under the Best Evidence Rule?

Under the Best Evidence Rule, the primary requirement for a party seeking to prove the content of a writing is to produce the original document or account for its absence. This rule is grounded in the principle that the best and most reliable evidence of a written agreement or fact contained in a document is the document itself. The rationale is that the original document provides the most accurate representation of the content, while secondary evidence, such as testimony about the document or copies, may lack authenticity or completeness.

In instances where the original document cannot be produced, it is necessary for a party to provide an adequate justification for its absence. This could involve demonstrating that the document was lost, destroyed, or otherwise unavailable, after which secondary evidence may be considered. By adhering to this standard, the Best Evidence Rule ensures that the evidence used in court is as trustworthy and precise as possible, thereby supporting fair and just outcomes in legal proceedings.