§ Rule 1004. Admissibility of Other Evidence of Contents

Codes > Tennessee Rules of Evidence > Article X > Rule 1004.

Rule 1004. Admissibility of Other Evidence of Contents

The original is not required, and other evidence of a writing, recording, or photograph is admissible if--

(1) Originals Lost or Destroyed. All originals are lost or 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 but 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.