Rule 1005. Copies of Public Records to Prove 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.

Committee Notes

Maine Restyling Note [November 2014] Maine Rule 1005 and former Federal Rule 1005 are substantially identical, and there is no reason to depart from the language of the restyled Federal Rule.

Advisers' Note to former M.R. Evid. 1005 (February 2, 1976) This rule exempts public records from the requirement of production of the original under Rule 1002, since their removal from public custody is not feasible. Contrary to the approach in Rule 1002, which makes no distinction between kinds of secondary evidence, this rule expresses an absolute preference for certified or compared copies. Cf. 16 M.R.S.A. § 456 (copy by photographic, photostatic, or microfilm process or the like is admissible in evidence as original).