Photostatic Copies and the Best Evidence Rule: Time for a Change

In this law review comment, the author proposes the thesis that the application of the Best Evidence Rule to photostatic copies should be changed due to the emergence of modern technology. The comment begins with an explanation of, and reasoning behind, the Best Evidence Rule. The author then discusses the various forms of document duplication. The author follows with a criticism of the Best Evidence Rule arguing that the Rule does not truly prevent fraud. The comment discusses examples of inconsistent application of the Best Evidence Rule in both statutes and the common law. The comment then discusses the treatment the proposed Federal Rules of Evidence gives to photastatic copies and suggests this treatment is an improvement to the Best Evidence Rule.