Primary

First; chief; leading.

Primary allegation

The opening pleading in a suit in the ecclesiastical com't; it is also called a " primary plea." See Coote Ecd. Prac. Primary conveyances, as opposed to derivative conveyances, are conveyances which take effect by an independent vigor and operation, and not by way of enlarging, confirming, altering, or otherwise affecting other conveyances. (2 Bl. Com. 309; 1 Sleph. Com. 517, 518.) The term is usually considered to include feoffments, grants, gifts, leases, exchanges, partitions.

Primary evidence

That evidence which the nature of the case or question suggests as the proper means of ascertaining the truth. The phrase, best and secondary evidence, often used, is less accurate in its suggestion than primary and secondary. For the evidence which the party is required to produce, or account for, is not always better than other kinds; that is, more convincing. The true rule is, that the party shall adduce the natural evidence, — the evidence which the nature of the case suggests as the legitimate and proper means of proof, — or shall account for its absence, before he that the less direct or secondary evidence is always inferior or feebler, or that the court is satisfied to accept inferior evidence because the better cannot be had, but that any suppression or withholding of the natural legitimate proofs throws suspicion upon the party's case, — warrants the inference that, if it were produced, it would tell against him. "Primary" is considered to express this idea more clearly than " best."