The rule against hearsay covers a statement offered to prove the truth of the matter asserted but does not cover a statement offered for another purpose. Meanwhile, the Best Evidence Rule states that a party seeking to prove the content of a writing, recording, or photograph must produce the original or account for its nonproduction. Does this mean that the Rule is inapplicable when a party seeks to prove something other than the truth of the matter asserted in a writing, recording or photograph? Most courts have answered this question in the affirmative. This essay argues these courts are wrong.
Colin Miller, Contents May Have Shifted: Disentangling the Best Evidence Rule from the Rule Against Hearsay, 71 Wash. & Lee L. Rev. Online 180 (2014), http://scholarlycommons.law.wlu.edu/wlulr-online/vol71/iss3/4