Rule 1004 - Admissibility of Other Evidence of ContentsThe original is not required, and other evidence of a writing, recording, or photograph is admissible if:
(1) Originals Lost or Destroyed - All originals are lost or 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 but 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.Advisory Commission Comments.
In the rare situation where neither an "original" nor a "duplicate" is offered, this rule enumerates the common law excuses for failure to present the best evidence.