Documentary Evidence: Primary & Secondary — KSLU Bsa Notes

Documentary Evidence: Primary & Secondary

flowchart TD
    A["Proving a DOCUMENT"]:::root
    A --> B["PRIMARY evidence (S.57) —<br/>the original document itself"]:::yes
    A --> C["SECONDARY evidence (S.58) —<br/>copies, counterparts, oral accounts"]:::leaf
    C --> D["Allowed only in the S.60 cases:<br/>original with opponent (after notice),<br/>lost/destroyed, not easily movable,<br/>public document, certified copy"]:::leaf

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    classDef yes fill:#E6FFE6,stroke:#1E7A1E,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

The contents of documents are proved by primary or secondary evidence. Primary evidence (S.57, ← IEA S.62) is the original document produced for inspection (each part of a multi-part document, and each copy made by a uniform process, is primary). Secondary evidence (S.58, ← IEA S.63) — certified copies, copies made from the original, counterparts, and oral accounts of the contents — is admissible only in the situations listed in S.60 (← IEA S.65): the original is in the possession of the opponent (or a person out of reach) who fails to produce it after notice; it is lost or destroyed; it cannot be easily moved; it is a public document; or the law allows a certified copy. Finally, S.94 (← IEA S.91–92) — when the terms of a contract, grant or disposition have been reduced to writing, the document itself must be proved and oral evidence is excluded to contradict, vary, add to or subtract from its terms (subject to provisos for fraud, want of consideration, separate oral agreement on a silent point, etc.).