Rule 5-1004. Admissibility of Other Evidence of Contents

(a) Original Lost or Destroyed All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith;

(b) Original Not Obtainable No original can be obtained by any reasonably practicable, available judicial process or procedure;

(c) 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 or trial, and that party does not produce the original at the hearing or trial; or

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

Committee Notes

Cross reference: For admissibility of duplicates, see Rule 5-1003. Source: This Rule is derived from F.R.Ev. 1004.