Rule 1007. Testimony or Written Admission of Party

Contents of writings, recordings, or photographs may be proved by the testimony or deposition of the party against whom offered or by that party's written admission, without accounting for the nonproduction of the original.

( Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1947 ; Mar. 2, 1987, eff. Oct. 1, 1987.)

Notes of Advisory Committee on Proposed Rules

While 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 Amendment

The amendment is technical. No substantive change is intended.