§ 25-12,112.Admissibility of reproduced records in evidence; destruction of records; approval.
Article 12: Evidence and Witnesses · Last amended 1994 · Last verified July 22, 2026
Full Text of § 25-12,112
Source
Laws 1951, c. 56, § 1, p. 188; Laws 1969, c. 105, § 6, p. 481; Laws 1991, LB 25, § 1; Laws 1994, LB 980, § 1.
Cross References
Credit union records, see section 21-1737.
Plain-English Summary
Section 25-12,112 addresses a practical problem: businesses, professionals, and government offices cannot keep every original paper record forever. It permits a business, institution, member of a profession or calling, or a government department or agency that has kept a memorandum, writing, entry, print, or similar record in the regular course of its activity to have that record photographed, microfilmed, or otherwise reproduced by a process that durably preserves it — including microcard, miniature photographic, and optical disk methods. Once that reproduction has been made in the regular course of business, the original may be destroyed.
That permission to destroy the original has limits. It does not apply to a record held in a custodial or fiduciary capacity, or one whose preservation is required by law. And where a government department or agency is involved, destruction requires the approval of the State Records Administrator. Those guardrails keep the destruction option tied to records kept as part of routine business activity, rather than records someone is obligated to keep intact.
The evidentiary payoff is the heart of the section: a reproduction made this way, once satisfactorily identified, is admissible in evidence to the same extent as the original itself, in any judicial or administrative proceeding, whether or not the original still exists. An enlargement or facsimile of the reproduction is likewise admissible if the reproduction itself still exists and is available for the court’s inspection. And offering a reproduction, enlargement, or facsimile does not shut the door on offering the original as well — the section adds an evidentiary option, it does not force a party to choose one form of proof over another.
This section works alongside section 25-12,113, which directs courts to interpret it consistently with how other states applying the same uniform act have read it, and section 25-12,114, which supplies the Act’s official name.
Frequently Asked Questions
Can a business throw away its paper records once it has scanned or microfilmed them?
Generally yes, if the reproduction was made by a process — photographic, microfilm, optical disk, or similar — that durably preserves the record and the reproduction was made in the regular course of business. Records held in a custodial or fiduciary capacity, or required by law to be preserved, are excluded from that permission.
Does a government agency need approval before destroying original records after reproducing them?
Yes. Where a department or agency of government is involved, section 25-12,112 requires approval of the State Records Administrator before the original may be destroyed.
Is a photocopy or scanned image of a business record admissible in court even if the original was thrown away?
Yes, once satisfactorily identified, a reproduction made under this section is admissible to the same extent as the original, whether or not the original still exists.
If a party offers a copy of a reproduced record, can the other side still demand the original?
The section does not require that choice. Offering a reproduction, enlargement, or facsimile does not prevent the party from also offering the original if it is still available.
Can an enlargement or printout made from a microfilm record be used in evidence?
Yes, if the reproduction it was made from is still in existence and available for inspection under the court’s direction.
Does this section apply only to businesses, or also to professionals and government offices?
It covers any business, institution, member of a profession or calling, and any department or agency of government that has kept records in the regular course of business or activity.
What kinds of reproduction methods does this section cover?
Photographic, photostatic, optical imagery, microfilm, microcard, miniature photographic, optical disk, and any other process that accurately reproduces the original or forms a durable medium for reproducing it.