What is the secondary evidence rule?
Asked by: Arnold Brown MD | Last update: April 3, 2026Score: 4.7/5 (54 votes)
The Secondary Evidence Rule allows the use of evidence like copies, summaries, or testimony to prove the contents of a document (writing, recording, photo) when the original document can't be produced, but only if the original is lost, destroyed (not in bad faith), or otherwise unavailable, and the proponent explains its absence, ensuring fairness by making originals available for inspection if possible. It's an exception to the general Best Evidence Rule (which prefers originals) that provides practical solutions for admitting important proof when originals are genuinely inaccessible.
What are 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.
What's the difference between primary and secondary evidence?
Primary evidence is first-hand or original sources such as photographs, results from an experiment or survey you have conducted, or a literary text. Secondary evidence is something that has been processed or interpreted by someone else, such as an article on a literary text, or other people's research findings.
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 is the secondary evidence?
Secondary evidence is evidence that has been reproduced from an original document or substituted for an original item. For example, a photocopy of a document or photograph would be considered secondary evidence. Another example would be an exact replica of an engine part that was contained in a motor vehicle.
What is the Secondary Evidence Rule?
What is another name for secondary evidence?
Secondary evidence
This type of evidence is often called 'pre-appraised'.
Is secondary evidence admissible?
The secondary evidence rule provides that the contents of a document cannot be proved unless the original of the document is produced or its absence is explained.
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.
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 are the four types of evidence?
The four main types of evidence, especially in legal and academic contexts, are Testimonial (spoken/written statements), Documentary (written records), Physical/Real (tangible items), and Demonstrative (visual aids like charts/diagrams). Other categorizations exist, like evidence for arguments (anecdotal, descriptive, correlational, causal) or textual evidence (quoting, paraphrasing).
What evidence is not admissible in court?
Evidence not admissible in court typically includes illegally obtained evidence (violating the Fourth Amendment), hearsay (out-of-court statements used for their truth), irrelevant or speculative information, privileged communications (like psychotherapist-patient), and confessions obtained through coercion, with rules varying slightly by jurisdiction but generally focusing on reliability, legality, and relevance.
What is the purpose of a secondary source?
Secondary sources offer an analysis, interpretation or a restatement of primary sources and are considered to be persuasive. They often involve generalisation, synthesis, interpretation, commentary or evaluation in an attempt to convince the reader of the creator's argument.
Can you convict on circumstantial evidence alone?
Can a Jury Convict Someone Based Solely on Circumstantial Evidence? Yes—actually, most criminal convictions are based solely on circumstantial evidence. Further, California criminal law allows the prosecution to convict a defendant on circumstantial evidence alone.
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.
What is the best evidence rule?
The best evidence rule is a legal principle that holds an original of a document as superior evidence. The rule specifies that secondary evidence, such as a copy or facsimile, will be not admissible if an original document exists and can be obtained.
Does an RFE mean my case is approved?
It is not a denial.
It simply means that something is missing or unclear in your application. And here's something most people don't realize: USCIS sends an RFE because the officer actually wants to approve your case, but needs certain evidence before they can do so.
Can screenshots of messages be used as evidence?
Yes, screenshots of messages can be used as evidence, but they are often considered weak or unreliable on their own because they can be easily edited, cropped, or taken out of context, making them difficult to authenticate; courts prefer original messages with complete metadata (dates, times, sender info) and often require extra proof, like testimony or forensic analysis, to confirm they are genuine.
When can secondary evidence be given?
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 type of evidence cannot be used in court?
Evidence that is illegally obtained (violating rights), hearsay (out-of-court statements used for truth), irrelevant, unfairly prejudicial, or protected by privilege (like attorney-client) generally cannot be used in court, though exceptions often exist for hearsay and other types, with judges making final rulings on admissibility. Key inadmissible evidence includes coerced confessions, evidence from unlawful searches, character evidence for proving conduct, and privileged communications.
What are some 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 is the most accurate type of evidence?
Physical evidence is objective and when documented, collected, and preserved properly may be the only way to reliably place or link someone with a crime scene. Physical evidence is therefore often referred to as the "silent witness."
How to prove a witness is not credible?
An attorney can show jurors a witness is not credible by showing: 1) inconsistent statements, 2) reputation for untruthfulness, 3) defects in perception, 4) prior convictions that show dishonesty or untruthfulness, and 5) bias.
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 of the following can be regarded as secondary evidence?
A photograph of the original is admissible as secondary evidence of its contents, even when the two have not been compared. If a copy of a letter is made using the copying machine and it has been proved that such copy was made from the original document, then it is admissible as secondary evidence in the court of law.
What is Section 66 of the Evidence Act?
section 66 of the Evidence Act provides that a party shall not be entitled ... document;(6) when the person in possession of the document is out of reach of, or not subject to, the process of the court.”7. Section 64 of the Evidence ...