N.M. R. Evid. 11-1002
An original writing, recording, or photograph is required in order to prove its content unless these rules or a statute provides otherwise.
N.M. R. Evid. 11-1002
Committee commentary. - The language of Rule 11-1002 NMRA was amended in 2012 to be consistent with the restyling of the Federal Rules of Evidence, effective December 1, 2011, to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on admissibility.
[Adopted by Supreme Court Order No. 12-8300-015, effective for all cases pending or filed on or after June 16, 2012.]
ANNOTATIONS The 2012 amendment, approved by Supreme Court Order No. 12-8300-015, effective for all cases pending or filed on or after June 16, 2012, modified the title of the rule and rewrote the rule to make stylistic changes. Compiler's notes. - This rule is similar to Rule 1002 of the Federal Rules of Evidence.
For admissibility of electronic records and signatures, see Section 14-16-13 NMSA 1978. Applicability of best evidence rule. - Whether the best evidence rule applies depends on what the document is intended to prove. Naranjo v. Paull, 1990-NMCA-111, 111 N.M. 165, 803 P.2d 254. Best evidence required to prove content of document. - Best evidence rule applies to situations where document is proved for purpose of establishing content of document; under this rule the original of the document is required. State v. Baca, 1974-NMCA-022, 86 N.M. 144, 520 P.2d 872. Best evidence rule inapplicable where documents used to support oral testimony. - Best evidence rule applies only in those situations where parties seek to prove a writing for the purpose of establishing its terms; in such instances the instrument itself is the best evidence. Where state did not attempt to prove the contents of any document or documents but used documents to support oral testimony, there was no basis for application of best evidence rule. State v. Landlee, 1973-NMCA-143, 85 N.M. 726, 516 P.2d 697. Best evidence rule inapplicable where documents used to prove licensed status. - It is plaintiff's licensed status which must be proved and not the contents of a particular document; therefore, "best evidence rule" or this rule does not apply. Kennedy v. Lynch, 1973-NMSC-085, 85 N.M. 479, 513 P.2d 1261. Best evidence rule inapplicable where documents used to prove lost insurance coverage. - Where the plaintiff in a personal injury action sought only to prove the fact of lost insurance coverage rather than the contents of the insurance policies, there was no need to have the original policies submitted into evidence. The best evidence rule is applicable only when a party seeks to prove the contents of a writing. Gutierrez v. Albertsons, Inc., 1991-NMCA-135, 113 N.M. 256, 824 P.2d 1058. Rule not violated by admission of copy of defendant's statement. - Introduction into evidence of copy of statement defendant gave to police did not violate best evidence rule. State v. Darden, 1974-NMCA-032, 86 N.M. 198, 521 P.2d 1039. Rule not violated by offering limited partnership tax forms. - Where the purpose of offering limited partnership tax forms into evidence was to prove how much income was actually received by the limited partners, the best evidence rule did not foreclose oral proof directed to the same issue. Naranjo v. Paull, 1990-NMCA-111, 111 N.M. 165, 803 P.2d 254. Am. Jur. 2d, A.L.R. and C.J.S. references. - 29A Am. Jur. 2d Evidence § 1049 et seq. Admissibility of X-ray report made by physician taking or interpreting X-ray pictures, 6 A.L.R.2d 406. Authentication or verification of photograph as basis for introduction in evidence, 9 A.L.R.2d 899, 41 A.L.R.4th 812, 41 A.L.R.4th 877. Admissibility in evidence of colored photographs, 53 A.L.R.2d 1102. Admissibility of sound recordings in evidence, 58 A.L.R.2d 1024, 57 A.L.R.3d 746, 58 A.L.R.3d 598. Admissibility in civil action of electroencephalogram, electrocardiogram, or other record made by instrument used in medical test, or of report based upon such test, 66 A.L.R.2d 536. Admissibility in evidence, in civil action, of tachograph or similar paper or tape recording of speed of motor vehicle, railroad locomotive, or the like, 73 A.L.R.2d 1025. Admissibility, in wrongful death action, of photograph of decedent made in his lifetime, 74 A.L.R.2d 928. Admissibility in evidence of sound recording as affected by hearsay and best evidence rules, 58 A.L.R.3d 598. Admissibility of videotape film in evidence in criminal trial, 60 A.L.R.3d 333, 41 A.L.R.4th 812, 41 A.L.R.4th 877. Applicability of best evidence rule to proof of ownership of allegedly stolen personal property in prosecution for theft, 94 A.L.R.3d 824. Admissibility of memorandum of telephone conversation, 94 A.L.R.3d 975. Admissibility of visual recording of event or matter giving rise to litigation or prosecution, 41 A.L.R.4th 812. 23 C.J.S. Criminal Law § 1025 et seq.; 32A C.J.S. Evidence §§ 1061, 1080, 1081, 1086, 1087, 1089, 1095 et seq.