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- Chapter 30 "Best Evidence" Rule: Fre 1001-1008
§ 30.12 EXCEPTION — OPPONENT ADMISSION: FRE 1007
Jurisdiction | North Carolina |
§ 30.12. EXCEPTION — OPPONENT ADMISSION: FRE 1007
Where the party against whom the writing is offered admits the contents, the original need not be produced. Rule 1007 is limited to written or transcribed admissions; oral admissions do not qualify.84 Oral admissions, however, may be admissible pursuant to another exception to the original document rule.85
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Notes:
[84] Fed. R. Evid. 1007 advisory committee's note ("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.").
[85] Id. (The rule "does not call for excluding evidence of an oral admission when nonproduction of the...
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- Chapter 30 "Best Evidence" Rule: Fre 1001-1008
- §30.01 INTRODUCTION
- § 30.02 RATIONALE
- § 30.03 PROVING CONTENTS
- § 30.04 DEFINITION OF "WRITING" AND "ORIGINAL"
- § 30.05 EXCEPTION — DUPLICATES: FRE 1003 ("XEROX"™ RULE)
- § 30.06 EXCEPTION — ORIGINAL LOST OR DESTROYED: FRE 1004(A)
- § 30.07 EXCEPTION — ORIGINAL NOT OBTAINABLE: FRE 1004(B)
- § 30.08 EXCEPTION — ORIGINAL IN OPPONENT'S POSSESSION: FRE 1004(C)
- § 30.09 EXCEPTION — COLLATERAL MATTERS: FRE 1004(D)
- § 30.10 EXCEPTION — PUBLIC RECORDS: FRE 1005
- § 30.11 EXCEPTION — SUMMARIES: FRE 1006
- § 30.12 EXCEPTION — OPPONENT ADMISSION: FRE 1007
- § 30.13 FUNCTION OF JUDGE AND JURY: FRE 1008
- § 30.14 DEGREES OF SECONDARY EVIDENCE
- §30.15 KEY POINTS
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