Rule 2:1004. ADMISSIBILITY OF OTHER EVIDENCE OF CONTENTS

The original is not required, and other evidence of the contents of a writing is admissible if:

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

(b) Original not obtainable . No original can be obtained by any available judicial process or procedure, unless the proponent acted in bad faith to render the original unavailable; or

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

(d) Collateral matters . The writing is not closely related to a controlling issue.

Committee Notes

Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012 .