SCRE 1002

To prove the content of a writing, recording, or photograph, the original writing, recording, or

photograph is required, except as otherwise provided in these rules or by statute.

Note:

This rule is better known as the best evidence rule. This rule is identical to the federal

rule except the words "by statute" were substituted at the end of the rule in place of

the words "by Act of Congress."

The proposed rule is consistent with current case law as it applies to writings. See, e.g.,

Riddle v. City of Greenville, 251 S.C. 473, 163 S.E.2d 462 (1968); Sample v. Gulf Refining

Co., 183 S.C. 399, 191 S.E. 209 (1937); Cain v. Whitlock, 178 S.C. 289, 182 S.E. 752

(1935); Mull v. Easley Lumber Co., 121 S.C. 155, 113 S.E. 356 (1922); Guinarin v. So. Life

& Trust Co., 106 S.C. 37, 90 S.E. 319 (1916); Mayfield v. So. Ry., 85 S.C. 165, 67 S.E. 132

(1910); McCoy v. Atl. Coast Line Ry., 84 S.C. 62, 65 S.E. 939 (1909).

There are no cases which deal with the applicability of the best evidence rule to

photographs and only one case in which the best evidence rule has been applied to

recordings. State v. Worthy, 239 S.C. 449, 123 S.E.2d 835 (1962), overruled on other

grounds, State v. Torrence, 305 S.C. 45, 406 S.E.2d 315 (1991).

Examples of statutes that have an effect on the requirement to produce the original

are: S.C. Code Ann. § 19-1-110 (1985) (instruments of common carriers); S.C. Code

Ann. § 19-5-10 (1985) (public documents); S.C. Code Ann. § 19-5-210 (1985) (grants

issued by North Carolina); S.C. Code Ann. §§ 19-5-310 and -320 (1985) (missing person

reports); S.C. Code Ann. § 19-5-510 (1985) (business records).