Rule 1005 Public records. The contents of a public record, if otherwise admissible, may be proved by copy, certified as correct in accordance with rule 902 or testified to be correct by a witness who has compared it with the original. If a copy which complies with the foregoing cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given. [L 1980, c 164, pt of 1]

 

RULE 1005 COMMENTARY

 

This rule is similar to Fed. R. Evid. 1005 in intent. The "public records" covered are those specified in Rule 1001(5) supra. Since production of original public records would be burdensome to both proponents and public officials, numerous statutes, e.g., Hawaii Rev. Stat. 502-82 (1976) (recorded instruments of conveyance) dispense with such a requirement. In this instance, however, a distinct preference for certified or compared copies is expressed.

 

Case Notes

 

Redacted judgment of conviction properly authenticated and admitted under this rule where prosecution submitted certified copy of the full judgment for identification, along with redacted judgment, and witness identified defendant as person to whom redacted judgment referred. 83 H. 507, 928 P.2d 1 (1996).

 

 

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