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Article X · Contents of Writings, Recordings, and Photographs

Rule 1004. Admissibility of Other Evidence of Contents

Version effective 2008

(1) The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if— 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, and that party does not produce the original at the hearing; or

**(4) Collateral matters.—The writing, recording, or photograph is not closely related to a controlling issue.

(As amended Mar. 2, 1987, eff.** Oct. 1, 1987.)