CHAPTER 11-8
CONTENTS OF WRITING, RECORDINGS, AND PHOTOGRAPHS

11-8-1 Requirement of Original.

To 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 Tribal Council.

11-8-2 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.

11-8-3 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)    All originals that are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or

(B)    No original can be obtained by any available judicial process or procedure; or

(C)    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)    The writings, recording, or photograph is not closely related to a controlling issue.

11-8-4 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 11-7-2 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.

11-8-5 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.

11-8-6 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 non-production of the original.

11-8-7 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 11-1-4. 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.