When oral admissions as to contents of documents are relevant
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Summary
Oral statements about what a document contains are not admissible unless the person can show they are entitled to give secondary evidence of that document under the evidence rules, or unless the document’s genuineness is disputed. In short, you cannot rely only on someone saying what a document says unless secondary evidence is allowed or the document’s authenticity is in question.
Example
Priya says a signed tenancy agreement waived rent, but she has not produced the signed paper in court. Her oral account of the agreement’s terms will not be admitted unless she first shows she is entitled to give secondary evidence of that document or unless the other side questions the document’s genuineness.
Bare Act
Enacted textOral admissions as to the contents of a document are not relevant, unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuineness of a document produced is in question.
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