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.Adopted effective 1/1/2015.Maine Restyling Note [November 2014]
Maine Rule 1004 and former Federal Rule 1004 are substantially identical, and there is no reason to depart from the language of the restyled Federal Rule.
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