- 61 - those duplicates would have been voluminous. On the record before us, we find that petitioner has failed to establish that the documents that certain of respondent’s employees reviewed in preparing the material entries that are the subject of respon- dent’s evidentiary objection are voluminous and could not have been conveniently examined in court. On that record, we find that FRE 1006 does not permit petitioner to use those entries to show the payors of the checks and the money order in question. Although petitioner does not advance any argument under FRE 1007, we believe that that rule is applicable in resolving respondent’s evidentiary objection. FRE 1007 provides: Contents of writings, recordings, or photographs may be proved by the testimony or deposition of the party against whom offered or by that party’s written admission, without accounting for the nonproduction of the original. On the record before us, we find that the material entries that are the subject of respondent’s evidentiary objection constitute respondent’s written admission that those entries reflect the information contained in the documents used to create such entries.18 On that record, we also find that other entries in respondent’s workpapers to which respondent objects under FRE 1002 constitute respondent’s written admission that those entries reflect the information contained in the documents used to create such entries. 18In this connection, we note that respondent does not contend that the information contained in those entries is inaccurate, nor do we question on the record before us the accuracy of such information.Page: Previous 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Next
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