ABSTRACT

This expression refers to evidence of the contents of documents. Obvious examples of documentary evidence are written contracts, correspondence and memoranda. ‘Documentary evidence’ refers to anything in which information of any description is recorded, and may therefore include such items as films, tapes and video recordings.51 The contents of documents may be proved by either ‘primary’ or ‘secondary’ evidence. ‘Primary evidence’ refers to the original document itself, produced for the inspection of the court. ‘Secondary evidence’ refers to evidence of the contents of the original document which comes by report, or in some other second hand or derivative way. Examples would be a copy of the original document, or oral evidence from a person who has seen the original and can recall its contents.