TITLE 9

EVIDENCE

CHAPTER 4

PRIVATE WRITINGS

9-411.  Secondary evidence of writings — When admissible. There can be no evidence of the contents of a writing other than the writing itself, except in the following cases:

1.  When the original has been lost or destroyed; in which case proof of the loss or destruction must first be made.

2.  When the original is in the possession of the party against whom the evidence is offered, and he fails to produce it after reasonable notice.

3.  When the original is a record or other document in the custody of a public officer.

4.  When the original has been recorded, and a certified copy of the record is made evidence by this code or other statutes.

5.  When the original consists of numerous accounts or other documents which cannot be examined in court without great loss of time, and the evidence sought from them is only the general result of the whole.

6.  When the original consists of medical charts or records of hospitals licensed in this state, and the provisions of section 9-420, Idaho Code, have been followed.

In the cases mentioned in subdivisions 3, 4 and 6, a copy of the original, or of the record, must be produced; in those mentioned in subdivisions 1 and 2, either a copy or oral evidence of the contents.

History:

[(9-411) C.C.P. 1881, sec. 932; R.S., R.C., & C.L., sec. 5999; C.S., sec. 7970; I.C.A., sec. 16-411; am. 1971, ch. 47, sec. 1, p. 100.]