§1007 Testimony or Written Admission of Party

• Library: Evidence Restated Deskbook (2021 Ed.)

§1007 Testimony or Written Admission of Party

Contents of writings or recordings may be proved by the testimony or deposition of the party against whom offered or by that party's admission without accounting for the nonproduction of the original.

Notes

Testimony or stipulation

Many Missouri cases state that the best evidence rule has no application when the parties agree as to the content of the original and that the secondary evidence accurately reflects its content on the ground that the proof concerns a collateral matter. See §1004, supra (collateral matters). Thus, when both parties stipulated that a transcript excerpt accurately reflected a tape-recorded statement, the transcript was admissible. State v. Fleer, 851 S.W.2d 582, 592 (Mo. App. E.D. 1993). Similarly, there was no error in admitting a copy of a 911 tape containing an excited utterance, even though there was no explanation as to why the original was not produced...