Primary Evidence

Primary Evidence

An authentic document or item that is offered as proof in a lawsuit, as contrasted with a copy of, or substitute for, the original.

Primary evidence, more commonly known as best evidence, is the best available substantiation of the existence of an object because it is the actual item. It differs from secondary evidence, which is a copy of, or substitute for, the original. If primary evidence is available to a party, that person must offer it as evidence. When, however, primary evidence is unavailable—for example, through loss or destruction—through no fault of the party, he or she may present a reliable substitute for it, once its unavailability is sufficiently established.

PRIMARY EVIDENCE. The best evidence of which the case in its nature is susceptible. 3 Bouv. Inst. n. 3053. Vide Evidence.

References in classic literature ?
I ask primary evidence that you are a man, and refuse this appeal from the man to his actions.
The only deterrence to crime is punishment through effective prosecution and enactment of laws, which make forensic evidence such as DNA, CCTV etc acceptable as primary evidence, accompanied with witness protection and their identity secrecy.
The only deterrence to crime is punishment through effective prosecution and enactment of laws which make forensic evidence such as DNA, CCTV etc acceptable as primary evidence accompanied with witness protection and their identity secrecy.
The fact that DNA evidence is not considered to be evidence enough is disappointing and calls for an immediate amendment to our old law that still considers an eyewitness account as the primary evidence in a rape case.
The BHA has said it does not use hair sampling as primary evidence because there is no international agreement or accreditation in place, but the NTF said it was referring to hair testing when it urged the regulator to "review aspects of its management of anti-doping regulation" after Morrison avoided a ban and was fined PS1,000.
He added: "It was her contradictory recall, which was the primary evidence against her.
The primary evidence is contained in the scientific papers written by Dr.
The primary evidence for this conclusion comes from the excavation of the major walled site at Co Loa, just northwest of the modern capital city of Hanoi.
This approach assumes that each part retains primary evidence from the biblical period to which it relates.
Rock art constitutes the primary evidence available about the cognitive world of our early ancestors, defining their thoughts, experiences and the reality they existed in.
The charge-sheet stated there was primary evidence that Mani had given a reprieve to the Thrissur-based chicken supplier Thomson group for not paying Rs650mn of pending tax.
It's also worrisome and devastating for cases where the primary evidence was DNA testing," said Chris Perri, an Austin-based criminal defense attorney.