Rule 1007 Testimony or Statement of a Party to Prove Content

Maine Restyling Note [November 2014]

Maine Rule 1007 and Federal Rule 1007 are substantively identical, and therefore the Advisory Committee recommends adoption of the language of the restyled Federal Rule.

Advisers’ Note to former M.R. Evid. 1007

(February 2, 1976)

This rule dispenses with accounting for nonproduction of the original when the contents are proved by opponent’s testimony, deposition, or written admission. The risk of inaccuracy is substantial and the rule is somewhat inconsistent with the underlying purpose of preferring originals, but it seems reasonable in an adversary situation such as this. The limitation to testimony or a written admission wisely prevents evidence of an oral admission out of court, which may be suspect.