Can You Admit Summaries to Court If Original Underlying Documents Were Destroyed ?
In Department of Transportation v. Anjo Constr. Co., 666 A.2d 753 (Pa. Cmwlth. 1995), the Court determined that summaries may be admitted even though some of the original underlying documents were destroyed and held that where an original document is lost or destroyed, the fact finder might accept secondary evidence as to contents of the original. See Pa. R.E. Rule 1006 (permitting admission of summary evidence); Pa. R.E. Rule 1004 (permitting admission of secondary evidence when original unavailable).
Also see In re Estate of Indyk, 488 Pa. 567, 573, 413 A.2d 371, 373 (1979) (witness qualified to present a business record "as long as the authenticating witness can provide sufficient information relating to the preparation and maintenance of the records to justify a presumption of trustworthiness for the business records of a company").