Rule 1004 — Admissibility of Other Evidence of Content

Fed. R. Evid. 1004

• Source: Federal Rules of Evidence
• Rule: 1004
• ARTICLE X: CONTENTS OF WRITINGS, RECORDINGS, AND
• Citation: Fed. R. Evid. 1004

Text

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 pro-
ponent 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 relat-
ed to a controlling issue.

Advisory Committee Notes

(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 2011.)