2012 US Code
Title 28 - Judiciary and Judicial Procedure
Appendix (rules 1 - 1103)
FEDERAL RULES OF EVIDENCE (rules 101 - 1103)
ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS (rules 1001 - 1008)
Rule 1007 - Testimony or Statement of a Party to Prove Content
Publication Title | United States Code, 2012 Edition, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 28 - JUDICIARY AND JUDICIAL PROCEDURE TITLE 28 - APPENDIX FEDERAL RULES OF EVIDENCE ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS Rule 1007 - Testimony or Statement of a Party to Prove Content |
Contains | rule 1007 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 93-595, §1, Jan. 2, 1975, 88 Stat. 1947; Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 2011. |
Statutes at Large Reference | 88 Stat. 1947 |
Public Law Reference | Public Law 93-595 |
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The proponent may prove the content of a writing, recording, or photograph by the testimony, deposition, or written statement of the party against whom the evidence is offered. The proponent need not account for the original.
(Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1947; Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 2011.)
Notes of Advisory Committee on Proposed RulesWhile the parent case, Slatterie v. Pooley, 6 M. & W. 664, 151 Eng. Rep. 579 (Exch. 1840), allows proof of contents by evidence of an oral admission by the party against whom offered, without accounting for nonproduction of the original, the risk of inaccuracy is substantial and the decision is at odds with the purpose of the rule giving preference to the original. See 4 Wigmore §1255. The instant rule follows Professor McCormick's suggestion of limiting this use of admissions to those made in the course of giving testimony or in writing. McCormick §208, p. 424. The limitation, of course, does not call for excluding evidence of an oral admission when nonproduction of the original has been accounted for and secondary evidence generally has become admissible. Rule 1004, supra.
A similar provision is contained in New Jersey Evidence Rule 70(1)(h).
Notes of Advisory Committee on Rules—1987 AmendmentThe amendment is technical. No substantive change is intended.
Committee Notes on Rules—2011 AmendmentThe language of Rule 1007 has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.
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