What Are Requisites of Secondary Evidence vs. When Secondary Evidence May Be Allowed

Attribute	What Are Requisites of Secondary Evidence	When Secondary Evidence May Be Allowed
Original document	Original document must be unavailable	Original document lost or destroyed
Best evidence rule	Secondary evidence must not violate best evidence rule	Best evidence rule exception applies
Authentication	Secondary evidence must be properly authenticated	Proper authentication procedures followed
Reliability	Secondary evidence must be reliable	Secondary evidence deemed reliable by court

Requisites of Secondary Evidence

Secondary evidence is evidence that is not the original document or object in question. In order for secondary evidence to be admissible in court, certain requisites must be met. One of the main requisites is that the original document or object must be unavailable. This could be due to loss, destruction, or being in the possession of someone who refuses to produce it. Without the unavailability of the original, secondary evidence would not be necessary.

Another requisite of secondary evidence is that the party seeking to introduce it must prove the unavailability of the original. This can be done through testimony, affidavits, or other forms of evidence that demonstrate the efforts made to locate the original document or object. The court will require a showing of due diligence in attempting to obtain the original before allowing secondary evidence to be presented.

Additionally, the secondary evidence must be reliable and trustworthy. This means that it must accurately represent the content of the original document or object. If there are any doubts about the authenticity or accuracy of the secondary evidence, the court may not allow it to be admitted. It is crucial for the party seeking to introduce secondary evidence to establish its reliability through expert testimony or other means.

Furthermore, the secondary evidence must be presented in a form that is acceptable to the court. This could include copies of documents, photographs of objects, or other forms of reproduction. The court will assess whether the secondary evidence is a faithful representation of the original and whether it meets the standards of admissibility.

Overall, the requisites of secondary evidence are designed to ensure that the evidence presented in court is reliable, trustworthy, and accurately represents the original document or object. Meeting these requisites is essential for secondary evidence to be allowed in legal proceedings.

When Secondary Evidence May Be Allowed

There are certain circumstances in which secondary evidence may be allowed in court. One common scenario is when the original document or object is lost or destroyed. In such cases, the party seeking to introduce secondary evidence must demonstrate that they made reasonable efforts to locate the original and that it is truly unavailable.

Another situation where secondary evidence may be allowed is when the original is in the possession of a third party who refuses to produce it. In such cases, the party seeking to introduce secondary evidence must show that they made efforts to obtain the original from the third party but were unsuccessful. This could involve subpoenas, court orders, or other legal means to compel the production of the original.

Additionally, secondary evidence may be allowed when the original is located in a foreign jurisdiction or is otherwise inaccessible. In such cases, the party seeking to introduce secondary evidence must demonstrate the impracticality or impossibility of obtaining the original and provide a valid reason for why secondary evidence should be admitted.

Furthermore, secondary evidence may be allowed when the original is of such a nature that it cannot be easily reproduced. For example, if the original is a large object or a unique document, it may be impractical to present it in court. In such cases, secondary evidence that accurately represents the original may be allowed as a substitute.

In conclusion, secondary evidence may be allowed in certain circumstances where the original document or object is unavailable, inaccessible, or impractical to produce. The decision to admit secondary evidence is ultimately up to the discretion of the court, which will consider the requisites of secondary evidence and the specific facts of the case before making a determination.