Vt. R. Evid. 1004

As amended through November 4, 2024
Rule 1004 - [Effective 1/1/2025] Admissibility of Other Evidence of Contents

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 a writing, recording, or photograph is offered, the party was put on notice, by the pleadings or otherwise, that the contents would be subject to 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.

Vt. R. Evid. 1004

Amended Aug. 12, 2024, effective 1/1/2025.

Reporter's Notes-2025 Amendment

Rule 1004 is amended to remove gendered pronouns.