RULE 1007. TESTIMONY OR
STATEMENT OF A PARTY
TO PROVE CONTENT
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.
Rule 1007 was amended, effective March 1, 1990; ____________________.
Rule 1007 is based on Fed.R.Ev. 1007.
Rule 1007 operates as an exception to Rule 1002 by allowing the contents of a writing,
recording, or photograph to be proved by the admission of the party against whom it is
offered, without accounting for the nonproduction of the original.
To this extent, the rule
in accord with the common law. 4 Wigmore on Evidence § 1256 (Chadbourn rev. 1972).
However, in a departure from the leading case on the subject (Slatterie v. Pooley, 6 M. &
664, 151 Eng. Rep. 579 (Exch. 1840)), not Not all admissions are recognized
for the purpose
of proving the contents of a writing, but only those that are written or given as testimony or
in a deposition. This limitation is designed to insure that the admission will be accurately
related to the trier of facts and thus excludes extrajudicial, oral admissions because these are
vulnerable to erroneous transmission. See, generally, McCormick § 242 (2d ed.
Rule 1007 is not intended to prevent the use of an opponent's admission to directly prove a fact that may also be evidenced by a writing. Only where the admission is used to prove the contents of a writing will Rule 1007 come into play. The test is much the same as that utilized under Rule 1002 to determine whether the contents of a writing are in issue. Nor should Rule 1007 be held to bar the use of an adverse party's admission where secondary evidence becomes admissible under the other provisions of Article X. See Rules 1004 and 1005.
Rule 1007 was amended, effective March 1, 1990. The amendment is technical in nature and no substantive change is intended.
Rule 1007 was amended, effective ______________, in response to the December 1, 2011, revision of the Federal Rules of Evidence. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility.
Sources: Joint Procedure Committee Minutes
: of _______________;
March 24-25, 1988,
page 12; December 3, 1987, page 15; January 29, 1976, pages 16, 17. Rule
Federal Rules of Evidence; Rule 1007, SBAND proposal.
Cross Reference: N.D.R.Ev. 1002 (Requirement of the Original), N.D.R.Ev. 1004 (Admissibility of Other Evidence of Content), N.D.R.Ev. 1105 (Copies of Public Records to Prove Content).