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Rule 11-1004 Admissibility of other evidence of content.

ARTICLE 10 Contents of Writings, Recordings and Photographs

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 by 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 has 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: As amended, effective December 1, 1993; as amended by Supreme Court Order No. 12-8300-015, effective for all cases pending or filed on or after June 16, 2012. Adopted by Supreme Court Order No. 12-8300-015, effective for all cases pending or filed on or after June 16, 2012.