§ Rule 5.1004. Admissibility of other evidence of contents

Codes > Iowa Rules of Evidence > Article X > Rule 5.1004.

Rule 5.1004. 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 trial or hearing, and that party does not produce the original at the trial or hearing; or

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