Secondary Evidence

• Author: Jeffrey Lehman, Shirelle Phelps

Page 56

A reproduction of, or substitute for, an original document or item of proof that is offered to establish a particular issue in a legal action.

Secondary evidence is evidence that has been reproduced from an original document or substituted for an original item. For example, a photocopy of a document or photograph would be considered secondary evidence. Another example would be an exact replica of an engine part that was contained in a motor vehicle. If the engine part is not the very same engine part that was inside the motor vehicle involved in the case, it is considered secondary evidence.

Courts prefer original, or primary, evidence. They...