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secondary evidence

Defined in 5 dictionaries — Case Law, Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Abbott (1879)

Definitions from Case Law

From 22 U.S. 483 - Riggs v. Tayloe · 1824Most cited · 39 citing opinions

if a party intend to use a deed, or any other instrument, in evidence, he ought to produce the original, if he has it in his possession; but if the instrument is in the possession of the other party, who refuses to produce it, after a reasonable notice, or if the original is lost or destroyed, secondary evidence, which is the best that the nature of the case allows, will in that case be admitted.

Show all 4 Supreme Court definitions and how they changed over time 1824–1865

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

That species of proof which is admissible on the loss of primary evidence, and which becomes by that event the best evidence. 3 Bouv. Inst, note 3055. See "Evidence."

Ballentine's Law Dictionary

James A. Ballentine · 1916

Oral testimony or a copy admitted to prove the contents of a lost original document or one which the other party can and will not produce. See 50 Kan. 436, 38 Pac. 496.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Benjamin Vaughan Abbott · 1879

A familiar and reasonable rule of evidence requires that a party shall produce that species of evidence which the nature of the fact to be proved indicates as most proper, and which is called the primary or best evidence, or shall show some good reason why he does not produce such primary evidence, before he will be allowed to employ other and remoter means of proof. Thus, if the question is as to contents of a writing, to produce the writing is the most natural, or the primary, evidence. If, however, the party shows that it has been destroyed, he may then call witnesses who read it while in existence to testify to its contents. This species of evidence — which is not such as the nature of the question suggests or calls for, but is received on proof that the primary evidence cannot be obtained — is called secondary.