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Tuesday, October 21, 2014

Evidence Rule 1004

Rule 1004. Admissibility of Other Evidence of Contents
The original is not required and other evidence of the contents of a writing or photograph is admissible if:

(a)Originals lost or destroyed.--All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or

(b)Original not obtainable.--No original can be obtained by any available judicial process or procedure or by other available means; or

(c)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

(d)Collateral matters.--The writing or photograph is not closely related to a controlling issue and it would not be expedient to require its production.

HISTORY:Adopted September 15, 1992 to be effective July 1, 1993.

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