What must an offer of secondary evidence prove when the original is absent?

Master the Evidence Bar Exam. Study with flashcards and multiple choice questions, each providing hints and explanations. Prepare confidently for your exam!

When an offer of secondary evidence is made in the absence of the original document, one of the key requirements is to establish that the original would be admissible if it were available. This is crucial because it confirms that the original document holds relevance and probative value in the context of the case. By proving that the original document would be admissible, the party seeking to introduce secondary evidence effectively justifies the need to rely on that secondary evidence in lieu of the original.

The focus on admissibility ensures that the court only considers reliable evidence, which supports the integrity of the judicial process. This criterion also aligns with the broader principles governing the use of evidence, like the best evidence rule, which prioritizes original documents whenever possible, but allows for reasonable exceptions when originals are not accessible.

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