secondary evidence


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Related to secondary evidence: Primary Evidence

Secondary Evidence

A reproduction of, or substitute for, an original document or item of proof that is offered to establish a particular issue in a legal action.

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. If the engine part is not the very same engine part that was inside the motor vehicle involved in the case, it is considered secondary evidence.

Courts prefer original, or primary, evidence. They try to avoid using secondary evidence wherever possible. This approach is called the best evidence rule. Nevertheless, a court may allow a party to introduce secondary evidence in a number of situations. Under rule 1003 of the Federal Rules of Evidence, a duplicate is admissible unless a genuine question is raised as to its authenticity or unless it would be unfair to admit the duplicate in place of the original piece of evidence.

After hearing arguments by the parties, the court decides whether to admit secondary evidence after determining whether the evidence is in fact authentic or whether it would be unfair to admit the duplicate. However, when a party questions whether an asserted writing ever existed, or whether a writing, recording, or photograph is the original, the trier of fact makes the ultimate determination. The trier of fact is the judge if it is a bench trial; in a jury trial, the trier of fact is the jury.

Rule 1004 of the Federal Rules of Evidence lists specific exceptions to the best evidence rule. Under rule 1004, secondary evidence of a writing, recording, or photograph is admissible if (1) all originals are lost or destroyed, unless they were lost or destroyed in bad faith by the party seeking to introduce the secondary evidence; (2) no original can be obtained by judicial process or procedure; (3) the party's opponent in the case has possession of the original and does not produce it after being given sufficient notice that the evidence would be subject to examination at a court hearing; or (4) the original evidence is not closely related to a controlling issue in the case.

Further readings

Green, Eric D., and Charles R. Nesson, and Peter L. Murray. 2000. Problems, Cases, and Materials on Evidence. 3d ed. Gaithersburg, Md.: Aspen Law & Business.

Cross-references

Primary Evidence.

See: hearsay

secondary evidence

evidence that is not of the best and most direct character which may be excluded if that better evidence is available.

SECONDARY EVIDENCE. That species of proof which is admissible on the loss of primary evidence, and which becomes, by that event, the best evidence. 3 Bouv. Inst. n. 3055.

References in periodicals archive ?
The defense pointed out that the statute further provides that secondary evidence "shall" be excluded if the court determines either that "[a] genuine dispute exists concerning material terms of the writing and justice requires the exclusion" or that "[a]dmission of the secondary evidence would be unfair.
Secondary evidence provides a lucid and an undeniable confirmation about the nature of the fraud, fraudster, and the way it was committed.
Health systems and health related behaviour change: a critical review of primary and secondary evidence / by Catherine Swann, Chris Carmona, Mary Ryan, Michael Raynor, Enis Baris, Sarah Dunsdon, Jane Huntley and Michael P.
In looking at studies in non-pregnant women as secondary evidence of whether or not there might be a benefit to pregnant women, Mintzes finds there isn't evidence that SSRIs work better than non-drug treatment, like psychotherapy for most forms of depression, and she is concerned that the benefits of SSRIs in adults--pregnant or not--have been shown to be exaggerated.
Given the potential resurgence in long-tail claims, it is essential that you or your in-house counsel canvas the company for all insurance policies (or secondary evidence of policies) issued to it, no matter how long ago.
They are firmly rooted in a broad array of primary and secondary evidence.
Secondary evidence of a mullerian duct cyst can be noted on a voiding cystourethrogram or an intravenous urogram, manifesting as an impression along the posterior wall of the bladder.
Every jurisdiction allows secondary evidence to establish the contents of a lost or destroyed document," he says.
Chapters 2 to 10 present the main considerations of the evidence in chronological series--organological data integrated with the evaluation of relevant secondary evidence drawn from scores, texts, and other documents by contemporaneous physicists, mathematicians, and writers on music.
Here, the only issue is whether secondary evidence should be admitted.
Surrogate and secondary evidence is almost always taken into account.