Absentee-Shawnee Tribe of Indians of Oklahoma
Evidence
Chapter Ten. Contents of Writing, Recordings, and Photographs
Section 1001. Definitions
Section 1002. Requirement of Original
Section 1003. Admissibility of Duplicates
Section 1004. Admissibility of Other Evidence of Contents
Section 1005. Public Records
Section 1006. Summaries
Section 1007. Testimony or Written Admission of Party
Section 1008. Functions of Court and Jury
AST EVIDENCE Code Section 1001
Section 1001. Definitions
For the purpose of this article the following definitions are applicable:
(a) Writings and recordings. “Writings” and “recordings” consist of letters, words, or numbers or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation.
(b) Photographs. “Photographs” include still photographs, X-ray films, video tapes, and motion pictures.
(c) Original. An “Original” of a writing or recording is the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it. An “Original” of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an “Original”.
(d) Duplicate. A “duplicate” is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent techniques which accurately reproduces the original.
Absentee Shawnee Evidence Code Section 1001, AST EVIDENCE Code Section 1001
AST EVIDENCE Code Section 1002
Section 1002. Requirement of Original
The prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in this Title or by Act or Ordinance of the Executive Committee.
Absentee Shawnee Evidence Code Section 1002, AST EVIDENCE Code Section 1002
AST EVIDENCE Code Section 1003
Section 1003. Admissibility of Duplicates
A duplicate is admissible to the same extent as an original unless:
(a) a genuine question is raised as to the authenticity of the original or
(b) in the circumstances it would be unfair to admit the duplicate in lieu of the original.
Absentee Shawnee Evidence Code Section 1003, AST EVIDENCE Code Section 1003
AST EVIDENCE Code Section 1004
Section 1004. Admissibility of Other Evidence of Contents
The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if-
(a) Originals lost or destroyed. All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or
(b) Original not obtainable. No original can be obtained by any available judicial process or procedure; or
(c) Original in possession of opponent. At a time when an original was under the control of the party against whom offered, he was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and he does not produce the original at the hearing; or
(d) Collateral matters. The writings, recording, or photograph is not closely related to a controlling issue.
Absentee Shawnee Evidence Code Section 1004, AST EVIDENCE Code Section 1004
AST EVIDENCE Code Section 1005
Section 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 compilation in any form, if otherwise admissible, may be proved by copy, certified as correct in accordance with Section 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.
Absentee Shawnee Evidence Code Section 1005, AST EVIDENCE Code Section 1005
AST EVIDENCE Code Section 1006
Section 1006. Summaries
The contents of voluminous writings, recordings, or photographs which cannot conveniently be examined in Court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be made available for examination or copying, or both by other parties at reasonable time and place. The Court may order that they be produced in Court.
Absentee Shawnee Evidence Code Section 1006, AST EVIDENCE Code Section 1006
AST EVIDENCE Code Section 1007
Section 1007. Testimony or Written Admission of Party
Contents of writings, recordings, or photographs may be proved by the testimony or deposition of the party against whom offered or by his written admission, without accounting for the nonproduction of the original.
Absentee Shawnee Evidence Code Section 1007, AST EVIDENCE Code Section 1007
AST EVIDENCE Code Section 1008
Section 1008. Functions of Court and Jury
When the admissibility of other evidence of contents of writings, recordings, or photographs under this Title depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the Court to determine in accordance with the provisions of Section 104. However, when an issue is raised (a) whether the asserted writing ever existed, or (b) whether another writing, recording, or photograph produced at the trial is the original, or (c) whether other evidence of contents correctly reflects the contents, the issue is for the trier of fact to determine as in the case of other issues of fact.
Absentee Shawnee Evidence Code Section 1008, AST EVIDENCE Code Section 1008
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