§ Rule 1004 Admissibility of Other Evidence of Contents

Codes > Federal Rules of Evidence (2011) > 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 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 that 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.

    (As amended Mar. 2, 1987, eff. Oct. 1, 1987.)