Best Evidence Rule

The best evidence rule holds that when a party wishes to prove the contents of a writing, that is, what the writing says, the party must produce that writing or give an accounting for why the writing cannot be produced. O.C.G.A. § 24-5-4(a); O.C.G.A. §§ 24-10-1002- 24-10-1004. Generally, the person seeking to admit the evidence must produce the original, but a duplicate is acceptable in certain circumstances. 

 

Simply because a document is authenticated does not mean it can be admitted over a hearsay objection. The laws that “merely pertain to evidentiary authentication of documents do not remove hearsay considerations.” McGaha v. State, 221 Ga. App. 440 (1996); McKinley v. State, 303 Ga. App. 203 (2010) 

 

Properly certified copies of public records are generally allowable under the best evidence rule. This rule is deemed necessary to preserve the integrity of and access to official records by not removing the originals for use at trial. 

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