FRE Rule 1004

From LegalLanding

Below is Rule 1004 of the Federal Rules of Evidence. Rule 1004 deals with Admissibility of Other Evidence of Contents, and is indexed under Article X. Contents Of Writings, Recordings, And Photographs.

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

(1) Originals lost or destroyed.

All originals are lost or have been 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, and that party 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.

(As amended Mar. 2, 1987, eff. Oct. 1, 1987.)