Rule 1005  Public records.  The contents
of a public record, if otherwise admissible, may be proved by copy, certified
as correct in accordance with rule 902 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. [L 1980, c 164, pt of §1]



 



RULE 1005 COMMENTARY



 



  This rule is similar to Fed. R. Evid. 1005 in intent. 
The "public records" covered are those specified in Rule 1001(5)
supra.  Since production of original public records would be burdensome to both
proponents and public officials, numerous statutes, e.g., Hawaii Rev. Stat.
§502-82 (1976) (recorded instruments of conveyance) dispense with such a
requirement.  In this instance, however, a distinct preference for certified or
compared copies is expressed.



 



Case Notes



 



  Redacted judgment of conviction properly authenticated and
admitted under this rule where prosecution submitted certified copy of the full
judgment for identification, along with redacted judgment, and witness
identified defendant as person to whom redacted judgment referred to.  83 H.
507, 928 P.2d 1.