N.M. R. Evid. 11-1005

As amended through November 1, 2024
Rule 11-1005 - Copies of public records to prove content

The proponent may use a copy to prove the content of an official record - or of a document that was recorded or filed in a public office as authorized by law - if these conditions are met: the record or document is otherwise admissible; and the copy is certified as correct in accordance with Rule 11-902(4) NMRA or is testified to be correct by a witness who has compared it with the original. If no such copy can be obtained by reasonable diligence, then the proponent may use other evidence to prove the content.

N.M. R. Evid. 11-1005

As amended by Supreme Court Order No. 12-8300-015, effective for all cases pending or filed on or after6/16/2012.

Committee commentary. - The language of Rule 11-1005 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 title of the rule and the rule to make stylistic changes. Compiler's notes. - This rule is similar to Rule 1005 of the Federal Rules of Evidence. This rule is deemed to have superseded former Rule 44(a) and (c), N.M.R. Civ. P. (now see Rule 1-044 NMRA), concerning proof of official record.

For admissibility of abstracts of title, see Sections 38-7-3 and 38-7-4 NMSA 1978. Certified photostatic copy admissible. - Photostatic copy of original mechanics' lien, certified by county clerk, rather than claimed "supplemental lien," was admissible under former Rule 44(a)(3), N.M.R. Civ. P. (deemed superseded by this rule). Fitzgerald v. Blueher Lumber Co., 1971-NMSC-021, 82 N.M. 312, 481 P.2d 100. Examined records admissible. - Examined copy of a public record whether made by person having or not having official custody thereof is admissible in evidence to prove its contents. Upon the same principles, original document offered by one who has examined it in its place of official custody is equally admissible. State v. Miller, 1968-NMSC-054, 79 N.M. 117, 440 P.2d 792 (decided before enactment of this rule). Foundation for admission of examined copy. - Examined copy may be admitted into evidence if person who made it or who compared it with original testifies that it is an accurate copy; therefore when dispatcher testified she made original entries and that copy was an accurate copy of original, and policeman that made copy testified he compared it with original and it was an accurate copy, there was a proper foundation for admission of log sheet. State v. Sedillo, 1971-NMCA-006, 82 N.M. 287, 480 P.2d 401 (decided before enactment of this rule). Where party can establish by means of maker of copy that the record is an examined copy, it may be introduced in evidence. Higgins v. Fuller, 1944-NMSC-003, 48 N.M. 218, 148 P.2d 575 (decided before enactment of this rule). Examined copy of public record is admissible in evidence where person who made it or compared it with original certifies that it is a true copy. Higgins v. Fuller, 1944-NMSC-003, 48 N.M. 218, 148 P.2d 575 (decided before enactment of this rule). Other evidence of contents. - When certified copy or examined copy of public record cannot be produced, it may be necessary for party to (1) establish loss of original document and (2) prove contents thereof by oral testimony. Higgins v. Fuller, 1944-NMSC-003, 48 N.M. 218, 148 P.2d 575 (decided before enactment of this rule). Fact that certified copy of public record is obtainable does not preclude proof of contents of record by other proper evidence. Higgins v. Fuller, 1944-NMSC-003, 48 N.M. 218, 148 P.2d 575 (decided before enactment of this rule). Am. Jur. 2d, A.L.R. and C.J.S. references. - 29A Am. Jur. 2d Evidence § 1082 et seq. 23 C.J.S. Criminal Law § 1025 et seq.; 32A C.J.S. Evidence §§ 834 et seq., 859, 860, 863, 891, 924, 925; 82 C.J.S. Statutes §§ 85, 90, 450, 451, 457.