(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.)
added in current removed in current
Compared to current version (2025).
(1) TheAn original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if- Originals lost or destroyed.-All: (a) all the originals are lost or have been destroyed, unlessand not by the proponent lost or destroyed them in bad faith; or
(2) Original not obtainable.-Noacting in bad faith; (b) an original cannot 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; (c) the party against whom the original would be offered had control of the original; was at that time put on notice, by the pleadings or otherwise, that the contentsoriginal would be a subject of proof at the trial or hearing,; and that party does notfails to produce it at the otriginal at the hearing; or
(4) Collateral matters.-Tal or hearing; or (d) the writing, recording, or photograph is not closely related to a controlling issue.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 2011.)