Alaska Comm. R. Evid. 1007
American courts have held that in some circumstances if the secondary evidence offered to prove the contents of a document consists of an admission by the party against whom it is offered, no showing is required of why the original is not produced. But it has not been clear whether all admissions, irrespective of the circumstances in which made, serve to prove the contents of an item otherwise covered by the "Best Evidence" Rule. The seminal case, Slatterie v. Pooley, 6 M. & W. 664, 151 Eng. Rep. 579 (Exch. 1840), allowing proof of contents by evidence of an oral admission by the party against whom offered, without accounting for nonproduction of the original, has been criticized as involving a substantial risk of inaccuracy and as being in contravention of the purpose of the "Best Evidence" Rule. See, e.g., 4 Wigmore § 1255; McCormick (2d ed.) § 242, at 577. Federal Rule 1007, which this rule copies, followed McCormick's suggestion of limiting the use of admissions to prove the content of writings, recordings or photographs to those admissions made in the course of giving testimony or in writing.
It should be observed that Rule 1007 does not call for the exclusion of evidence of an oral admission when nonproduction of the original has been accounted for and secondary evidence generally has become admissible under Rule 1004.
Also, an admission that could be introduced under Rule 801(d) (2) (C), (D), or (E) against a party and otherwise qualifying under this rule may be used to prove the contents of writings, recordings, or photographs without accounting for nonproduction of the original. "[W]hatever reasons justify the use of ordinary 801(d)(2) admissions as substantive evidence on the merits would seem to carry over to the often less significant question of proving the content of a writing or recording." K. Redden and S. Saltzburg, Supplement to Federal Rules of Evidence Manual 697 (2d ed. 1977).
This rule provides an exception to Rule 1002. It is clear, however, that there is no requirement that Rule 1007 be used. Rules 1003, 1005, 1006 and other statutes may provide easier ways to satisfy best evidence concerns.
Alaska Comm. R. Evid. 1007