Montgomery County Criminal Defense Attorney - Texas Rules of Evidence Series RULE 1007
Montgomery County Criminal Defense Attorney - Brian Foley - Board Certified in Criminal Law
Todays Texas Rule of Evidence is Rule 1007 this rule states that an attorney looking to prove the content of a writing, recording, or photograph may do so by testimony, deposition, or written statement of the party against whom the evidence is offered. The proponent need not account for the original recording.
This is a very interesting rule that amounts to a physical evidence version of the admission by a party opponent rule. It means that if you are missing a document like a bank record in a divorce then the testimony of the opposing party as to the contents will serve as proof of that content. So you don't need the original document!
But before you go trying to offer out of court statements by the defendant that the documents were accurate remember the rule only allows for this proof by testimony, deposition, or written statement.
The objection you might make to attempts at these kind of backwards attempts to use Rule 1007 would be to object under the best evidence rule TRE 1002. "Rule 1002. Requirement of the Original An original writing, recording, or photograph is required in order to prove its content unless these rules or other law provides otherwise."
Rule 1007. Testimony or Statement of a Party to Prove Content
The proponent may prove the content of a writing, recording, or photograph by the testimony, deposition, or written statement of the party against whom the evidence is offered. The proponent need not account for the original.
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