Ariz. R. Evid. 1004

As amended through August 22, 2024

Rule 1004 - Admissibility of Other Evidence of Contents

An original is not required and other evidence of the content of a writing, recording, photograph, or video 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, photograph, or video is not closely related to a controlling issue.

Ariz. R. Evi. 1004

Amended Oct. 19, 1988, effective 11/1/1988; 9/8/2011, effective 1/1/2012; amended effective 1/1/2019.

COMMENT TO 2012 AMENDMENT

The language of Rule 1004 has been amended to conform to the federal restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.

HISTORICAL NOTE

Source:

Federal Rules of Evidence, Rule 1004.

Fed.Rules Civ.Proc., Rules 44(b), 44(c), 28 U.S.C.A.

Code 1939, §§ 21-927, 21-928.

Rules Civ.Proc., former Rules 44(h), 44(i).