Documents

The deeds, agreements, title-papers, letters, receipts, and other written instruments used to prove a fact See Hazard v. Durant, 12 R. I. 99. If a document is lost, secondary evidence of its contents may be given, after laying a proper foundation therefor by proving its former existence, and its due execution, and satisfactorily accounting for the failure to produce it. The burden of proving all these facts rests on the party who seeks to introduce secondary evidence of the document claimed American Life Insurance & Trust Co. v. Rosenagle, 77 Pa. 507. See Lost Instrument. In Civil Law. Evidence delivered in the forms established by law, of whatever nature such evidence may be. The term is, however, applied principally to the testimony of witnesses.

Savigny, Dr. Rom. § 165.

See Evidence.

See Evidence.