§ 30.14 Degrees of Secondary Evidence

• Jurisdiction: North Carolina

§ 30.14 Degrees of Secondary Evidence

Some of the exceptions to the original writing rule specify what type of secondary evidence is admissible. Under Rule 1003, "duplicates" have a precise meaning.⁹³ Under Rule 1005, only certified copies of public records are admissible. By its own terms, Rule 1006 is limited to summaries.

Other exceptions differ. If any of the conditions specified in Rule 1004 are satisfied, the rule does not prescribe the type of secondary evidence that must be produced.⁹⁴ For example, if an original is lost, secondary evidence in the form of a copy or in the form of a witness's testimony is permitted. The copy is not preferred on the theory that attorneys, for the most part, will proffer the most persuasive proof and thus there is no need for further regulation.⁹⁵

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Notes:

^[93] Fed. R. Evid. 1001(e) (defining duplicates).

^[94] See United States v. Billingsley, 160 F.3d 502, 505 n. 2 (8th Cir. 1998) ("Because the district court in this case could admit any form of secondary testimony once the tape was destroyed and because there is no evidence of bad faith, the agent's oral testimony was properly admitted.").

^[95] Fed. R. Evid. 1004 advisory committee's note ("The rule recognizes no 'degrees' of secondary evidence. While strict logic might call for extending the principle of preference beyond simply preferring the original, the formulation of a hierarchy of preferences and a procedure for making it effective is believed to involve unwarranted complexities...