Under the best evidence rule, when must the original writing be produced?

The best evidence rule states that when the content of a writing is at issue, the original document should be produced to prove the terms of that writing. This means that the original must be available and introduced into evidence unless a valid exception applies.

The correct answer indicates that the original writing must be produced only when the terms are material to the case. Materiality means that the terms of the writing have significance in determining the outcome of the case. If those terms are irrelevant or not in dispute, there is no need to produce the original, as secondary evidence (such as a copy or testimony about the contents) may suffice to establish what is needed for the case.

In contrast, one might think that the production of the original is required in all circumstances, but this is not accurate since it depends on materiality. The option suggesting that the original must be produced irrespective of its availability would ignore the practical aspects of evidence handling, where unavailability or lack of relevance may preclude the need for production. Similarly, the idea that the original is required only when the writing is legally operative misconstrues the focus of the best evidence rule, which is primarily about the relevance and materiality of the document's terms.

Ultimately, understanding that the best evidence rule is