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.
Pitman's remarks came after he told the state's attorneys he would not allow them to debate the importance of birth certificates, a document he said was "the primary evidence of U.
Rauf likens the forgery to "Niger Letter" forgery that emerged ahead of the 2003 US invasion of Iraq, and which US officials used as primary evidence for their bogus claims of an active Iraqi nuclear weapons program.
When there is a potential risk of a legal dispute, the company accountant must contact the company lawyer as, in the event of a lawsuit, the company books and/or -- especially when there is an employment law dispute -- the pay slips of the company constitute the primary evidence.
A copy of the agreement must be retained as it will serve as a primary evidence if you need to take legal action," says Anuj Puri, Chairman and Country Head of property consultancy JLL India.
This demand for better evidence is a result of a combination of factors including lack of access to available evidence, particularly among African policy makers, the need for ongoing policy analysis to use existing evidence to provide informed policy advice on the evolving policy context, and, in many countries, a lack of primary evidence on commercialisation.
To a question about the missing electoral rolls in some polling stations, the spokesperson said that photo-electoral roll was not the primary evidence for verifying the authenticity of votes polled.
These will serve as your primary evidence for your compensation claim.
In fact, Koutsokoumnis gave the impression that he did not want the police involved in the matter, claiming that Panayi had not provided any primary evidence and predicting the police would find it "extremely difficult" to perform a successful investigation.
As the title implies, this book focuses on the primary evidence behind the conflict, as experienced by its participants, and drawing on diaries and letters, of course, but also on newspaper reports, council minutes and even school magazines to uncover life on the Home, as well as on the Western, Front.
In Wales we are just about clinging on to that progressive system, but even here the craze for targets and results is growing - I point you to yesterday's banding results as primary evidence.