Which of the following is an escape or excuse for the best evidence rule?

• A. The document is lost or cannot be found with due diligence.
• B. The witness refuses to testify.
• C. A party desires to present secondary evidence.
• D. The judge disbelieves the document.

Answer: (A)

The best evidence rule requires presenting the original writing to prove its contents when the writing’s content is at issue. An escape from this rule happens when the original is unavailable; if the document is lost or cannot be found with reasonable diligence, secondary evidence (like a copy or testimony about the contents) may be admitted to prove what the writing says. That’s why the described situation fits: the document’s loss or unavailability with due diligence allows use of secondary evidence.

The other options don’t provide the recognized escape. A witness refusing to testify doesn’t by itself remove the need to prove contents with the original or its substitute. A party’s desire to present secondary evidence is what you do after establishing unavailability, not the escape itself. A judge’s disbelief of the document isn’t an exception to the rule and doesn’t affect its applicability.