Rule 5.1004 Admissibility of other evidence of content
Article X: Contents of Writings, Recordings, and Photographs
Rule Text
An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if:
a. All the originals are lost or destroyed, and not be the proponent acting in bad faith;
b. An original cannot be obtained by any available judicial process;
c. The party against whom the original would be offered had control of the original; was at that time put on notice, by pleadings or otherwise, that the original would be a subject of proof at the trial or hearing; and fails to produce it at the trial or hearing; or
d. The writing, recording, or photograph is not closely related to a controlling issue.
Amendment history: Report 1983; November 9, 2001, effective February 15, 2002; September 28, 2016, effective January 1, 2017