Part 10 · Contents of Writings, Recordings, and Photographs

Rule 1004. Admissibility of Other Evidence of Contents

Amended March 2, 2026 (current)

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

(a) Original 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; 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, recording, or photograph is not closely related to a controlling issue. Comment 1004 [Deleted effective September 1, 2006.]