Under which circumstances secondary evidence is admissible?

Asked by: Hilma Rice Sr.  |  Last update: June 2, 2026
Score: 4.1/5 (9 votes)

Secondary evidence (like copies or testimony about a document) is admissible when the original document is unavailable due to reasons like loss, destruction (not in bad faith), being in an opponent's possession or out of court reach, or when the original is a public record or voluminous, requiring a foundation to prove the original's absence and explain why. It's allowed under the Best Evidence Rule to prevent unfairness, but only after proving the original can't be produced, with a hierarchy of circumstances (e.g., loss/destruction, adversary control) making it acceptable, not degrees of quality.

Under what circumstances is secondary evidence admissible?

Furthermore, secondary evidence becomes admissible if the original is in the possession of someone who is outside the court's jurisdiction or is not subject to its process, or if the original is in the possession of someone who is required by law to produce it but refuses to do so despite being given due notice under ...

Who decides if secondary evidence is valid?

The court shall exclude secondary evidence of the content of writing if the court determines either of the following: (1) A genuine dispute exists concerning material terms of the writing and justice requires the exclusion. (2) Admission of the secondary evidence would be unfair.

What are some examples of secondary evidence?

main type of secondary evidence which are as follow:

  • Certified copies.
  • Copies prepared by mechanical process.
  • Counter foils.
  • Photographs.
  • Xerox copy.
  • Photostat copy.
  • Carbon copy.
  • Typed copy.

Under which conditions is evidence admissible in court?

Generally, to be admissible, the evidence must be relevant, and not outweighed by countervailing considerations (e.g., the evidence is unfairly prejudicial, confusing, a waste of time, privileged, or, among other reasons, based on hearsay).

What Is Secondary Evidence and how to lead it

38 related questions found

What makes evidence not admissible?

If the evidence does not meet standards of relevance, the privilege or public policy exists, the qualification of witnesses or the authentication of evidence is at issue, or the evidence is unlawfully gathered, then it is inadmissible.

Which type of evidence is not admissible?

Hearsay evidence

Hearsay evidence is information provided outside of a court setting to someone involved in the trial. In most cases, judges don't allow hearsay evidence because the attorney for an opposing law team doesn't have an opportunity to cross-examine the person who provided the information.

What is the secondary evidence rule?

This is called the “Secondary Evidence Rule.” The court must exclude secondary evidence of the content of writing if the court determines that (1) a genuine dispute exists concerning material terms of the writing and justice requires the exclusion or (2) admission of the secondary evidence would be unfair.

What are 10 examples of secondary sources?

Examples of secondary sources include:

  • journal articles that comment on or analyse research.
  • textbooks.
  • dictionaries and encyclopedias.
  • books that interpret, analyse.
  • political commentary.
  • biographies.
  • dissertations.
  • newspaper editorial/opinion pieces.

What are secondary sources of evidence?

Secondary sources usually comment on, interpret or discuss primary sources, thus providing an analysis of the original source. These include biographies, books and book reviews, newspaper articles that are not eye-witness accounts, and articles in academic journals which evaluate original research, etc.

When may secondary authority be relied on by a court?

Secondary authority is always persuasive. Do not rely on secondary authority unless there is absolutely no primary authority that supports your position.

What is another name for secondary evidence?

Secondary evidence

This type of evidence is often called 'pre-appraised'.

What is the difference between best evidence and secondary evidence?

Primary Evidence: Primary evidence, also known as best evidence, constitutes the most reliable evidence available, often the object itself or a substantiated statement about it. Secondary Evidence: Secondary evidence is reproduced from an original document or source, such as a photocopy or oral statement.

Is oral testimony ever secondary evidence?

For these reasons, both a written summary and oral testimony of the content of a voluminous writing may be admitted into evidence. Both qualify as secondary evidence under section 1521.

Can copies of documents be secondary evidence?

Originality: Primary evidence is the original document, object, or testimony, while secondary evidence is a copy or reproduction.

Who has the discretion to allow additional evidence?

Admission of additional evidence is addressed to the sound discretion of the trial court. Indeed, in the furtherance of justice, the court may grant the parties the opportunity to adduce additional evidence bearing upon the main issue in question.

What qualifies a secondary source?

For a historical research project, secondary sources are generally scholarly books and articles. A secondary source interprets and analyzes primary sources. These sources are one or more steps removed from the event. Secondary sources may contain pictures, quotes or graphics of primary sources.

What are the limitations of secondary sources?

Limitations of Secondary Research

  • Lack of relevance. Secondary research rarely provides all the answers you need. ...
  • Lack of Accuracy. Secondary data may be incomplete and lack accuracy depending on; ...
  • Published Materials. Published materials can be classified as: ...
  • External Databases. ...
  • Syndicated Services.

When should I use secondary sources?

Secondary sources are best for uncovering background or historical information about a topic and broadening your understanding of a topic by exposing you to others' perspectives, interpretations, and conclusions.

When can secondary evidence be admissible?

Secondary evidence of the contents of private documents is admissible only if the original document is not in existence or not available. Therefore, it is usually necessary to account for the absence of the original and for this purpose, proof of primary evidence is not available may be required.

What are examples of secondary evidence?

Secondary evidence refers to information that is derived from an original document but is not the original itself. Common examples include photocopies, digital scans, or oral testimonies that describe the contents of the original document.

What are the four types of evidence?

The four main types of evidence, particularly in legal and argumentative contexts, are Testimonial (spoken/written statements), Physical/Real (tangible objects like weapons or DNA), Documentary/Digital (written records, emails, computer data), and Demonstrative (visual aids like charts or diagrams that explain other evidence). Other frameworks categorize them by strength (anecdotal, descriptive, correlational, causal) or function (direct, circumstantial, corroborating). 

Can screenshots of messages be used as evidence?

Yes, screenshots of messages can be used as evidence, but they often face challenges with authenticity; courts prefer original records with metadata (dates, times, sender info) because screenshots are easily edited, so you need to prove the screenshot is a fair, unaltered representation, often through witness testimony or expert analysis, not just the image itself. 

In which cases secondary evidence relating to documents may be given under BSA?

You can use secondary evidence (a copy or other proof) of a document's existence, condition, or contents in the following situations: (a) when the original document is: (i) with the person you are trying to prove something against; or. (ii) with someone who is out of the court's reach or not under its control; or.

What is the 144 evidence Act?

Section 144 – Evidence as to matters in writing

A witness may give oral evidence of statements made by other persons about the contents of documents if such statements are in themselves relevant facts.