Final answer:
Secondary evidence is admissible when the original evidence is not available, and certain conditions are met such as proving the original's existence, its unavailability, and the secondary evidence's accuracy. This can include copies or descriptions of the original document, recording, or photograph.
Step-by-step explanation:
Yes, secondary evidence is permissible in certain situations to prove the contents of a writing, recording, or photograph when the original is not available, provided that its absence is justified and the secondary evidence is reliable. Secondary evidence includes copies, summaries, or oral descriptions of the contents. Often, courts require a showing that the original evidence has been lost, destroyed, or is otherwise unobtainable before secondary evidence can be introduced.
For example, if the original document was lost in a fire, a copy or even testimony about its contents may be allowed as secondary evidence. Similarly, if an original photograph is too fragile to be handled or has been lost, a digital copy may be accepted. However, the proponent of the secondary evidence must first establish the existence and due execution of the original, its loss or destruction, or its unavailability for some other reason. From there, they must also establish that the secondary evidence is an accurate representation of the original.
The reliability and admissibility of secondary evidence can sometimes be a source of contention in trials, especially if there is a dispute over the accuracy or authenticity of the copy or description. Different jurisdictions may have specific rules governing the use of secondary evidence, and various exceptions apply depending on the legal scenario. It’s essential to consult the laws and rules of evidence in the relevant jurisdiction to understand fully when and how secondary evidence can be properly utilized.