N.M. R. Evid. 11-1003
A duplicate is admissible to the same extent as the original unless a genuine question is raised about the original's authenticity or the circumstances make it unfair to admit the duplicate.
N.M. R. Evid. 11-1003
Committee commentary. - The language of Rule 11-1003 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, rewrote the rule to make stylistic changes. Compiler's notes. - This rule is similar to Rule 1003 of the Federal Rules of Evidence. This rule is deemed to have superseded those provisions in former Rule 44(a)(1) to (4), N.M.R. Civ. P. (now see Rule 1-044 NMRA), relating to the admissibility of copies of public documents.
For admissibility of electronic records and signatures, see Section 14-16-13 NMSA 1978. Circumstances where copy not readily admitted. - Where there is deposition testimony that a deed was left in escrow, payment was made and deed was forwarded to vendee, court will not permit copy of deed to be admitted into evidence unless vendee proves he received original deed and made a reasonable search as to its present whereabouts. Cross v. Ritch, 1956-NMSC-049, 61 N.M. 175, 297 P.2d 319 (decided before enactment of this rule). Business ledgers not "copies". - The defendant's reliance on best evidence rule as grounds of exclusion of ledger book on the issue of business revenues was misplaced. Central Sec. & Alarm Co. v. Mehler, 1996-NMCA-060, 121 N.M. 840, 918 P.2d 1340. Am. Jur. 2d, A.L.R. and C.J.S. references. - 29A Am. Jur. 2d Evidence § 1085 et seq. Carbon copies of letters or other written instruments as evidence, 65 A.L.R.2d 342. Admissibility in evidence of enlarged photographs or photostatic copies, 72 A.L.R.2d 308. Photographic representation or photostat of writing as primary or secondary evidence within best evidence rule, 76 A.L.R.2d 1356. Admissibility of duplicates under Rules 1001(4) and 1003 of Federal Rules of Evidence, 72 A.L.R. Fed. 732. 23 C.J.S. Criminal Law § 1025; 32A C.J.S. Evidence §§ 873, 876, 877, 878, 879, 1027, 1035, 1041.