§ 30.12 Exception—Opponent Admission: FRE 1007

• Jurisdiction: United States

§ 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.⁸⁶ Oral admissions, however, may be admissible pursuant to another exception to the original document rule.⁸⁷

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Notes:

^[86] 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.").

^[87] Id. (The rule "does not call for excluding evidence of an oral admission when nonproduction of the...