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;
(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, and that party does not produce the original at the hearing.
Amendment history: 1992 c 324, § 25, 34, eff. 7-1-92; 1990 c 88, § 68