Rule 5-1004 - Admissibility of Other Evidence of ContentsThe contents of a writing, recording, or photograph may be proved by evidence other than the original if:
(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. This Rule is derived from F.R.Ev. 1004.
Adopted Dec. 15, 1993, eff. 7/1/1994. For admissibility of duplicates, see Rule 5-1003. .