Legal Definitions - adminicle

An adminicle refers to any piece of evidence, often a document, that supports or helps to establish the existence or terms of another, primary piece of evidence that is missing, lost, or otherwise unavailable. It serves as corroborating or explanatory proof, lending credibility to a claim when the best evidence cannot be produced. While historically prominent in Scots law, the concept of using secondary evidence to prove a lost document is a general principle in many legal systems.

• Example 1 (Lost Contract):

  Imagine two companies, "Tech Innovations" and "Global Logistics," had a detailed written agreement for a software licensing deal. After a few years, a dispute arises, but the original signed contract document cannot be located by either party. However, Tech Innovations has a series of emails exchanged between their legal teams discussing specific clauses of the contract, an invoice from Global Logistics referencing the contract number and terms, and internal meeting minutes where the contract's provisions were reviewed. These emails, invoice, and meeting minutes would serve as adminicles, providing strong secondary evidence to prove the existence and specific terms of the lost original contract.

• Example 2 (Missing Property Deed):

  A homeowner, Ms. Chen, wants to sell her property, but discovers that the original deed proving her ownership, which was supposed to be filed with the county recorder, is missing. While the county has a record of the transaction, the physical deed itself is gone. Ms. Chen's lawyer finds old property tax statements addressed to her, utility bills for the address in her name spanning many years, and a mortgage agreement she signed with a bank that explicitly references the property and her as the owner. These documents—the tax statements, utility bills, and mortgage agreement—act as adminicles, collectively supporting her claim of ownership and helping to establish the terms of the missing deed.

• Example 3 (Disputed Will):

  Following the passing of a wealthy individual, Mr. Davies, his family believes he had a final will that distributed his assets, but no physical document can be found. His estranged nephew claims Mr. Davies died "intestate" (without a will), meaning assets would be distributed by law, not by Mr. Davies' wishes. However, Mr. Davies' long-time attorney provides a draft of a will he prepared for Mr. Davies just months before his death, along with notes from their meetings discussing specific beneficiaries and bequests, and an email from Mr. Davies approving the draft. These drafts, notes, and email would be considered adminicles, offering strong evidence of the existence and intended contents of Mr. Davies' final, albeit now missing, will.