What rules govern authentication and the best evidence rule?

• A. Evidence must be connected to its source to be admissible (authentication); the best evidence rule requires the original writing when the contents are at issue.
• B. Authentication is optional; best evidence rule requires copies.
• C. Authentication is about chain-of-custody of physical objects; best evidence rule prohibits originals.
• D. Evidence must be authenticated by real-time video testimony; best evidence rule excludes duplicates.

Answer: (B)

Authentication sets a threshold for admissibility: you must show that the item is what you claim it is. Without this, the court has no basis to trust the evidence's identity or reliability. The best evidence rule then says that when the contents of a writing are in dispute, the original writing must be produced, unless a valid exception applies. So, in practice, you must first establish what the item is, and if the matter at issue concerns the content of a document, you normally need the original document rather than a copy. Duplicates are allowed only when no genuine question is raised about the original’s authenticity or accuracy, or when other exceptions apply. This ensures both proper identification and fidelity of the written contents.

The other options misstate the rules: authentication isn’t optional, and the best-evidence rule doesn’t categorically require copies; originals aren’t categorically prohibited, and authentication isn’t limited to real-time video or to excluding duplicates.