§ 40.565 Rule 1004 Admissibility of other evidence of contents

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40.565. 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 when:

    (1) All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith;

    (2) An original cannot be obtained by any available judicial process or procedure;

    (3) 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) The writing, recording or photograph is not closely related to a controlling issue.