BSA Section 107 — Burden of proving fact to be proved to make evidence admissible

Summary

The burden of proving any fact that must be established before a person is allowed to give evidence of another fact lies on the person who wants to give that evidence. In other words, if you need to prove a preliminary fact to make your main evidence admissible, you are the one who must prove that preliminary fact.

Illustration (a): If A wants to prove a dying declaration made by B, A must first prove that B is dead.

Illustration (b): If A wants to prove the contents of a lost document using secondary evidence, A must first prove that the document has actually been lost.

Official Text

The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give such evidence.

Illustrations.

(a) A wishes to prove a dying declaration by B. A must prove B's death.

(b) A wishes to prove, by secondary evidence, the contents of a lost document. A must prove that the document has been lost.

Old <-> New Code Mapping

• IEA §104 — Burden of proving fact to be proved to make evidence admissible