Primary vs Secondary Evidence
Definition
Primary evidence is the original document; secondary evidence is a copy, oral account or summary. BSA Sections 57 to 60 govern the distinction.
- Primary
- The original document
- Secondary
- A copy, oral account or summary
- Governing provisions
- BSA 2023 Sections 57 to 60
- Preference
- Primary evidence is required unless an exception applies
Common questions
What counts as secondary evidence of a document besides a photocopy?+
Certified copies made from the original, copies made by mechanical processes that ensure accuracy, counterparts executed against the original party, and oral accounts given by someone who has seen the original can all qualify as secondary evidence, each carrying a different evidentiary weight.
Why does the law prefer primary evidence over a copy?+
The original document is the least likely to have been altered, mistranscribed, or selectively excerpted, so the law requires a party to explain why the original cannot be produced before the court will accept a copy or an account of its contents in its place.
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