RULE 1004
ADMISSIBILITY OF OTHER EVIDENCE OF CONTENTS
The original is not required, and other evidence of the
contents of a writing, recording, or photograph is admissible if:
(a) Original 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
(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, recording, or photograph
is not closely related to a controlling issue.
Comment 1004
[Deleted effective September 1, 2006.]
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