BSA Section 57 — Primary evidence

Summary

Primary evidence means the document itself when it is shown to the Court for inspection.

Explanation 1: If a document is made in several parts, each part counts as primary evidence of the whole document.

Explanation 2: If a document is made in counterpart, meaning each counterpart is signed by only one or some of the parties, each counterpart is primary evidence against the parties who signed it.

Explanation 3: If several documents are made by one uniform process, such as printing, lithography, or photography, each one is primary evidence of the contents of the others. But if they are all copies of a common original, they are not primary evidence of the contents of that original.

Explanation 4: If an electronic or digital record is created or stored in multiple files at the same time or one after another, each such file is primary evidence.

Explanation 5: If an electronic or digital record is produced from proper custody, it is primary evidence unless its authenticity is disputed.

Explanation 6: If a video recording is stored in electronic form and also transmitted, broadcast, or transferred to another place at the same time, each of the stored recordings is primary evidence.

Explanation 7: If an electronic or digital record is stored in multiple storage spaces within a computer resource, each such automated storage, including temporary files, is primary evidence.

Illustration: If a person is shown to have possessed several placards all printed at one time from one original, any one placard is primary evidence of the contents of any other placard, but none of them is primary evidence of the contents of the original.

Official Text

Primary evidence means the document itself produced for the inspection of the Court.

Explanation 1.—Where a document is executed in several parts, each part is primary evidence of the document.

Explanation 2.—Where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it.

Explanation 3.—Where a number of documents are all made by one uniform process, as in the case of printing, lithography or photography, each is primary evidence of the contents of the rest; but, where they are all copies of a common original, they are not primary evidence of the contents of the original.

Explanation 4.—Where an electronic or digital record is created or stored, and such storage occurs simultaneously or sequentially in multiple files, each such file is primary evidence.

Explanation 5.—Where an electronic or digital record is produced from proper custody, such electronic and digital record is primary evidence unless it is disputed.

Explanation 6.—Where a video recording is simultaneously stored in electronic form and transmitted or broadcast or transferred to another, each of the stored recordings is primary evidence.

Explanation 7.—Where an electronic or digital record is stored in multiple storage spaces in a computer resource, each such automated storage, including temporary files, is primary evidence.

Illustration. A person is shown to have been in possession of a number of placards, all printed at one time from one original. Any one of the placards is primary evidence of the contents of any other, but no one of them is primary evidence of the contents of the original.

Old <-> New Code Mapping

• IEA §62 — Primary evidence