Evidence Bar Practice Exam 2025 – 400 Free Practice Questions to Pass the Exam

The admission of secondary evidence hinges on the absence of the original writing and the circumstances surrounding that absence. When the original document is not available, one of the principal conditions for admitting secondary evidence is that there must be a reasonable explanation for this absence. This means that the party seeking to introduce secondary evidence must demonstrate that they have made a diligent effort to locate the original document but were unable to do so for justifiable reasons.

While other options might touch on relevant ideas, they do not address the crucial requirement for justifying the use of secondary evidence in a scenario where the original is missing. For instance, mere agreement between parties or the absence of dispute regarding the document's content does not eliminate the necessity of providing a reasonable explanation for the absence of the original. Additionally, the significance of the document to the case does not alone justify the introduction of secondary evidence without addressing the issue of its absence. Therefore, the correct answer underscores the importance of providing an adequate rationale for the absence of the original writing as a basis for admitting secondary evidence.