Prior Rules Language: Restyled Rules Language: Rule 1005. Public Records Rule 1005. Copies of Public Records to Content The contents of an official record, or of a document authorized to be The proponent may use a copy to recorded or filed and actually prove the content of an official recorded or filed, including data record or of a document that — compilations in any form, if was recorded or filed in a public otherwise admissible, may be proved office as authorized by law if — by copy, certified as correct in these conditions are met: the accordance with rule 902 or testified record or document is otherwise to be correct by a witness who has admissible; and the copy is compared it with the original. If a certified as correct in accordance copy which complies with the with Rule 902(4) or is testified to foregoing cannot be obtained by the be correct by a witness who has exercise of reasonable diligence, then compared it with the original. If no other evidence of the contents may such copy can be obtained by be given. reasonable diligence, then the proponent may use other evidence to prove the content. F. Rule 1006: Summaries states that proponent may use a summary, chart, or calculation to “[t]he prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court.” For this rule to apply, however, the proponent must make the originals or duplicates for “available examination or copying, or both, by other parties at a reasonable time and place. And the court may order the proponent to produce them in court.” is thus not an exception to the rule that proponents must produce originals or duplicates pursuant to and ; instead, it merely states that proponents who have already made lengthy originals or duplicates available for examination, copying, or both can later prove their contents through charts, summaries, or calculations. Finally, it is important to note that courts have found that under , proponents merely must make the originals or duplicates available for examination and/or copying; no such obligation applies with regard to the charts, summaries, or calculations admitted under the Rule. , 2011 WL 4823189 at *8 (1st Cir. 2011) (“Regarding Colón's first See, e.g., argument, provides that only the underlying documents, not the summaries themselves, must be produced to the opposing party.”)
Prior Rules Language: Rule 1005. Public Records The contents of an official record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct in accordance with rule 902 or testified to be correct by a witness who has compared it with the original. If a copy which complies with the foregoing cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given. Restyled Rules Language: Rule 1005. Copies of Public Records to 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 902(4) 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. F. Rule 1006: Summaries states that “[t]he proponent may use a summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court.” For this rule to apply, however, the proponent must make the originals or duplicates “available for examination or copying, or both, by other parties at a reasonable time and place. And the court may order the proponent to produce them in court.” is thus not an exception to the rule that proponents must produce originals or duplicates pursuant to and ; instead, it merely states that proponents who have already made lengthy originals or duplicates available for examination, copying, or both can later prove their contents through charts, summaries, or calculations. Finally, it is important to note that courts have found that under , proponents merely must make the originals or duplicates available for examination and/or copying; no such obligation applies with regard to the charts, summaries, or calculations admitted under the Rule. See, e.g., , 2011 WL 4823189 at *8 (1st Cir. 2011) (“Regarding Colón's first argument, provides that only the underlying documents, not the summaries themselves, must be produced to the opposing party.”)
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