Evidence
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
SECONDARY, in practice. Secondary evidence is the proof of the contents of a writing, when the original has been lost or destroyed, or it is in the possession of the opposite party. It is that proof which is not the best to exhibit the true state of the facts to which it relates, but when such primary evidence cannot be had, the best in the power of the party offering it. After proof of the due execution of the original, the contents should be pro-. ved by acounterpart, if there be one, for this is the next best evidence; and it seems that no evidence of a mere copy is admissible until proof has been given that the counterpart cannot be produced.
6 T. R. 236.
If there be no counterpart a copy from having compared it with the original.
Bull. N. P. 254; 1 Keb. 117; 6 Bim. R. 234; 2 Taunt. R. 52; 1 Campb. R. 469; 8 Mass. R. 273.
If there be no copy, the party may produce an abstract, or even give parol evidence of the contents of a deed.
10 Mod. 8; 6 T. R. 556.
Before secondary evidence can be given of the contents of a paper which is in the possession of the opposite party, notice must be given to such party to produce it on the trial.
3 T. R. 306; 2 T. R. 201.
And the service of such notice must be proved.
2 T. R. 201, n.