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 the party's written admission, without accounting for the nonproduction of the original. [L 1980, c 164, pt of 1; gen ch 1985]

 

RULE 1007 COMMENTARY

 

This rule is identical with Fed. R. Evid. 1007. It requires that the admission of the party-opponent be in the form of testimony or in writing, and thus follows the suggestion contained in McCormick 242. In addition, as the Advisory Committee's Note to Fed. R. Evid. 1007 points out, "[t]he 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."

 

 

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