Admissibility of Other Evidence of Content

U.S Code last checked for updates: Jan 18, 2025

Rule 1004.

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

(a)

all the originals are lost or destroyed, and not by the proponent acting in bad faith;

(b)

an original cannot be obtained by any available judicial process;

(c)

the party against whom the original would be offered had control of the original; was at that time put on notice, by pleadings or otherwise, that the original would be a subject of proof at the trial or hearing; and fails to produce it at the trial or hearing; or

(d)

the writing, recording, or photograph is not closely related to a controlling issue.

(Pub. L. 93–595, § 1, Jan. 2, 1975, 88 Stat. 1946; Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 2011.)