Meaning
Proof that is not the original document but suggests the content and existence of that document is used when the primary record is lost. Secondary evidence includes copies and oral testimony that refer to the missing file. It is accepted only when the party can prove that the original was lost through no fault of their own.
Indirect Verification
Supporting data allows an investigator to infer what the original terms must have been. While secondary evidence is weaker than a signed contract, it can still provide a basis for a claim in a dispute. It requires a higher level of scrutiny to ensure it has not been fabricated.
Evidentiary Hierarchy
Records are ranked by their proximity to the event and their resistance to tampering. Secondary evidence sits below original writings and above mere recollections in the eyes of most authorities. It acts as a backup when the primary systems of an organization fail.
Reliability Limit
Distance from the original source increases the risk of error or omission. The cost of relying on secondary evidence is the uncertainty it introduces into the legal relationship between parties. If the evidence is contradictory, it may be dismissed entirely by the person making the final decision.
The copy is the shadow of the truth.
