and motion pictures. (Added to NRS by 1971, 800) NRS 52.225 “Writings” and “recordings” defined. “Writings” and “recordings” consist of letters, words or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation. (Added to NRS by 1971, 800) NRS 52.235 Original required. To prove the content of a writing, recording or photograph, the original writing, recording or photograph is required, except as otherwise provided in this title. (Added to NRS by 1971, 800) NRS 52.245 Admissibility of duplicates. 1. In addition to the situations governed by subsection 2, a duplicate is admissible to the same extent as an original unless: (a) A genuine question is raised as to the authenticity of the original; or (b) In the circumstances it would be unfair to admit the duplicate in lieu of the original. 2. Except as otherwise provided in NRS 52.247, a duplicate is admissible to the same extent as an original if the person or office having custody of the original was authorized to destroy the original after preparing a duplicate, and in fact did so. (Added to NRS by 1971, 800; A 1995, 182) NRS 52.247 Admissibility of rerecorded, copied or reproduced records; certain records of governmental agency deemed public records. 1. Unless held in a fiduciary or custodial capacity or unless specifically prohibited by a federal or state statute or regulation, by a local ordinance or by an order or judgment of a court of competent jurisdiction, if any business or governmental agency has, in the regular course of its business: (a) Produced, kept or maintained any document, memorandum, writing, entry, print or other record of any act, transaction, occurrence or event relating to the conduct of its business; and (b) Caused any of those records to be rerecorded, copied or reproduced by any photographic, photostatic or other process which ensures an accurate reproduction or creates a reliable medium for reproducing the original of any of those records, the business or governmental agency may, in the regular course of its business, destroy any of those records. 2. Any rerecorded, copied or reproduced record specified in subsection 1 is admissible to the same extent as an original, regardless of whether the original is available for inspection or has been lost or destroyed, if the rerecorded, copied or reproduced record is sufficiently authenticated. 3. An enlargement or facsimile of a rerecorded, copied or reproduced record specified in subsection 2 is admissible to the same extent as an original if: (a) The record has not been lost or destroyed; and (b) It is available for inspection by the court. The introduction of an enlargement or facsimile of a record pursuant to the provisions of this subsection does not prohibit the admission of the original of that record. 4. If a governmental agency destroys any of its records and causes those records to be recorded, copied or reproduced pursuant to subsection 1: (a) The recorded, copied or reproduced record shall be deemed a public record for the purposes of chapter 239 of NRS; and (b) The governmental agency shall render such assistance as is necessary to allow any member of the public access to the recorded, copied or reproduced record if the record is not otherwise declared by law to be confidential. 5. As used in this section, “business” means any proprietorship, including any member of a profession licensed pursuant to title 54 of NRS, corporation, partnership, association, trust, unincorporated organization or other enterprise doing business in this State. (Added to NRS by 1995, 181) NRS 52.252 Admissibility of copy or transcript of recordings of telephone calls made through system providing telephone number to be used in emergency. The content of recordings of telephone calls made through a system established to provide a telephone number to be used in an emergency, if otherwise admissible, may be proved by a copy or transcript of the recording which is authenticated by a custodian of the records of the system in a signed affidavit. The custodian must verify in the affidavit that the copy or transcript is a true and complete reproduction of the original recording and that the original recording was made at the time of the telephone call and in the course of a regularly conducted activity. (Added to NRS by 1995, 903) NRS 52.255 Admissibility of other evidence of contents. Except as otherwise provided in NRS 52.247, the original is not required, and other evidence of the contents of a writing, recording or photograph is admissible, if: 1. All originals are lost or have been destroyed, unless the loss or destruction resulted from the fraudulent act of the proponent; 2. No original can be obtained by any available judicial process or procedure; 3. At a time when an original was under the control of the party against whom offered, he was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and he does not produce the original at the hearing; or 4. The writing, recording or photograph is not closely related to a controlling issue. (Added to NRS by 1971, 801; A 1995, 182; 1997, 1593) NRS 52.260 Record made in course of regularly conducted activity; affidavit required. 1. The contents of a record made in the course of a regularly conducted activity in accordance with NRS 51.135, if otherwise admissible, may be proved by the original or a copy of the record which is authenticated by a custodian of the record or another qualified person in a signed affidavit. 2. The custodian of the record or other qualified person must verify in the affidavit that the record was made: (a) At or near the time of the act, event, condition, opinion or diagnosis concerning which the information was recorded, by or from information transmitted by a person with knowledge of the act or event; and (b) In the course of the regularly conducted activity. 3. The affidavit required by subsection 2 must be in substantially the following form: CERTIFICATE OF CUSTODIAN OF RECORDS State of Nevada } }ss. County of............................................................. } NOW COMES ................................, who after first being duly sworn deposes and says: 1. That the deponent is the ................ (position or title) ................ of ............... (name of employer) ................ and in his capacity as .............. (position or title) ................ is a custodian of the records of ............. (name of employer) ................ 2. That ................. (name of employer) ................ is licensed to do business as a ................... in the State of ................ 3. That on the ....... day of the month of ....... of the year ......., the deponent was served with a subpoena in connection with the above-entitled cause, calling for the production of records pertaining to .................................... ....................................................................................................................................................... ....................................................................................................................................................... 4. That the deponent has examined the original of those records and has made or caused to be made a true and exact copy of them and that the reproduction of them attached hereto is true and complete. 5. That the original of those records was made at

Vegas Law