Rule 1004 Admissibility of Other Evidence of Contents
Article X: Contents of Writings, Recordings, and Photographs
Rule Text
The original is not required and other evidence of the contents of a writing, recording, or photograph is admissible if–
(1) Originals Lost or Destroyed. All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or
(2) Original Not Obtainable. No original can be obtained by any available judicial process or procedure; or
(3) Original in Possession of Opponent. At a time when an original was under the control of the party against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing; or
(4) Collateral Matters. The writing, recording, or photograph is not closely related to a controlling issue.
Adopted September 27, 2010, eff. January 1, 2011.