§ Rule 1004. Admissibility of other evidence of contents.

Codes > Code of Alabama > Alabama 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 is admissible, should there be no duplicate readily available to the proponent or witness, 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 is not closely related to a controlling issue.