Contents of writings may be proved by the admission of the party against whom offered
without accounting for the nonproduction of the original.
Rule 2:1007.TESTIMONY OR WRITTEN ADMISSION OF A PARTY
Part Two: Virginia Rules of Evidence · Last amended 2012 · Last verified July 16, 2026
In one sentenceRule 2:1007 lets a party prove the contents of a writing through the testimony or written admission of the party against whom it is offered, without needing to account for why the original was not produced.
Full Text of Rule 2:1007
Plain-English Summary
Rule 2:1007 offers a shortcut around the best-evidence rule when the source of proof is the opposing party’s own admission. The contents of a writing may be proved by the admission of the party against whom the writing is offered, and the proponent does not need to explain what happened to the original or justify its absence.
This exception rests on a different rationale than the excuses in Rule 2:1004. There, the original is unavailable, and secondary evidence steps in because the party seeking to prove the writing has no better option. Here, the party against whom the writing is offered has conceded the writing’s content through his or her own admission — the reliability concern the best-evidence rule addresses, the accuracy of a copy or secondhand account, does not arise the same way when the opposing party is the one supplying the content.
Because Rule 2:1007 does not require accounting for the original’s nonproduction, a party relying on this rule skips the foundation-laying steps Rule 2:1002 or Rule 2:1004 would otherwise demand — the admission itself does the necessary work.
Frequently Asked Questions
Can a party prove what a writing says just through the opposing party’s admission?
Yes. Rule 2:1007 allows the contents of a writing to be proved by the admission of the party against whom it is offered.
Does a party relying on Rule 2:1007 need to explain why the original writing was not produced?
No. The rule specifically allows proof by admission without accounting for the nonproduction of the original.
How does Rule 2:1007 differ from the exceptions in Rule 2:1004?
Rule 2:1004 excuses production of the original because it is unavailable through no fault of the proponent; Rule 2:1007 does not depend on unavailability at all — it relies on the opposing party’s own admission about the writing’s contents.
Must the admission under Rule 2:1007 be in writing?
No. The rule refers to testimony or written admission, so an oral admission by the party can satisfy the rule as well as a written one.
Who must the admission come from for Rule 2:1007 to apply?
The party against whom the writing’s contents are offered — the rule uses that party’s own admission to prove the contents.
Amendment History
Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
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