Rule 1007 - Testimony or Statement of a Party to Prove ContentThe 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.
EXPLANATORY NOTE Rule 1007 was amended, effective 3/1/1990;3/1/2014. 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 is 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. and W. 664, 151 Eng. Rep. 579 (Exch. 1840)), 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. 1972). 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 3/1/1990. The amendment is technical in nature and no substantive change is intended. Rule 1007 was amended, effective3/1/2014, in response to the12/1/2011, 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 of9/27/2012, page 29; March 24-25, 1988, page 12;12/3/1987, page 15;1/29/1976, pages 16, 17. Fed.R.Ev. 1007; Rule 1007, SBAND proposal. 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).