Description of the legal term Secondary Evidence:
Secondary evidence can be understood as any document, data, or information that is not the original or primary evidence but is accepted by a court in place of the original when the original is not available. In the British legal system, primary evidence is the document itself, produced for the inspection of the court. Secondary evidence, however, includes certified copies, copies made from the original, or summaries of the original evidence.
The rule behind the acceptance of secondary evidence lies in the principle that the best evidence that the nature of the case permits should be provided. If for some reason, the best evidence cannot be procured, then second-best, which is secondary evidence, is allowed. There are several specific circumstances under which secondary evidence can be admitted: when the original is shown to exist but cannot be conveniently moved; when the original is lost or destroyed, through no fault of the party trying to use it; or when the original is in the possession of the opponent who fails to produce it after due notice.
There are hierarchical degrees of secondary evidence. For instance, a certified copy made by a public officer authorized by law is a higher form of secondary evidence than a handwritten copy by an individual. It’s crucial to recognize that secondary evidence is admitted with a degree of caution. The courts need to be satisfied that the party presenting such evidence has taken all reasonable precautions to secure the original, and failing that, is providing a reliable substitute which fairly and accurately reflects the original document’s contents.
Reliability and completeness are key aspects of secondary evidence. If a party submits a partial copy of a document when the entire document is vital to the case, that evidence may be deemed insufficient. Because secondary evidence is seen as a step removed from the direct material, its admission often leads to the court being more circumspect about its probative value.
Legal context in which the term Secondary Evidence may be used:
In a legal case involving a contract dispute, a party may seek to present a copy of the contract as evidence. Assume the original contract was signed and then subsequently lost in a fire. The party in possession of the copy could present this to the court as secondary evidence of the contract’s terms. The court would have to be satisfied that the original was indeed destroyed and the copy is a true representation of its terms.
Another scenario might involve email communications. Emails are often pivotal in modern litigation. If the email account is inaccessible due to technical issues or because it’s been deleted accidentally or willfully, a printed copy of the email, or even a witness testimony recollecting the email’s contents, could serve as secondary evidence of the communication that took place. Again, the party offering this would need to establish the original’s unavailability and underscore the authenticity of the information being provided as reflective of the original communication.
Secondary evidence plays a pivotal role in the legal systems of Britain, for it offers flexibility and practicality when primary evidence is unattainable. While second-best to the original, it ensures that the pursuit of justice is not unduly hampered by the often-unpredictable nature of document preservation. Courts are tasked with the delicate balance of evaluating the credibility of such evidence, always vigilant against potential abuses that may arise from its misapplication, while recognizing its necessity in the continuum of justice.