§ Rule 1004 Admissibility of other evidence of contents

Codes > Idaho Code > Idaho Court > Idaho Rules : Article X > Rule 1004

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:

    (1) 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 reasonably practicable, 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 the 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.