§ RULE 11-1004. ADMISSIBILITY OF OTHER EVIDENCE OF CONTENTS

Codes > New Mexico Rules of Evidence > Article 10 > RULE 11-1004.

RULE 11-1004. 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. 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

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.