Current with operative changes from the 2024 Third Special Legislative Session
Section 1004 - Admissibility of other evidence of contentsThe 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;(2) Original not obtainable. No original can be obtained by any available judicial process or procedure;(3) Original in possession of opponent. At a time when an original was under the control of the party against whom offered, he was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and he does not produce the original at the hearing;(4) Collateral matters. The writing, recording, or photograph is not closely related to a controlling issue; or(5) Impracticality of producing original. The original, because of its location, permanent fixture, or otherwise, cannot as a practical matter be produced in court; or the cost or other consideration to be incurred in securing the original is prohibitive and it appears that a copy will serve the evidentiary purpose.Acts 1988, No. 515, §1, eff. Jan. 1, 1989.Acts 1988, No. 515, §1, eff. 1/1/1989.