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HomeEvidence CodeDiv. 11Ch. 2Art. 1§ 1521 Secondary Evidence Admissibility

§ 1521 Secondary Evidence Admissibility

Evidence Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
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§ 1521 Secondary Evidence Admissibility

Key Takeaways

  • •You can use copies or other proof to show what’s in a document if the original isn’t available.
  • •If there’s a big argument about what the document really says, the judge might not allow the copy.
  • •If using the copy seems unfair, the judge won’t let it be used.
  • •You still have to prove the document is real, even if you’re using a copy.

Example

You lost the original receipt for a big purchase, but you have a photo of it on your phone.

The judge might let you use the photo to prove what you bought, unless the other side says the photo is fake or the real receipt had different info. You still have to show the photo is really of your receipt.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1521 Secondary Evidence Admissibility

(a) The content of a writing may be proved by otherwise admissible secondary evidence. The court shall exclude secondary evidence of the content of writing if the court determines either of the following: (1) A genuine dispute exists concerning material terms of the writing and justice requires the exclusion. (2) Admission of the secondary evidence would be unfair. (b) Nothing in this section makes admissible oral testimony to prove the content of a writing if the testimony is inadmissible under Section 1523 (oral testimony of the content of a writing). (c) Nothing in this section excuses compliance with Section 1401 (authentication). (d) This section shall be known as the “Secondary Evidence Rule.” (Added by Stats. 1998, Ch. 100, Sec. 2. Effective January 1, 1999.)

Last verified: January 22, 2026

Key Terms

Secondary Evidence Rulesecondary evidencematerial termsoral testimonyauthentication

Related Statutes

  • § 1522 Excluding Secondary Evidence
  • § 1523 Oral Evidence Of Writings
  • § 1220 Admissions Against Party
  • § 1221 Adopted Statement Exception
  • § 1222 Authorized Party Statements Admissible

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 1521.
View Official Source