Fed. R. Evid. 1004 — Admissibility of Other Evidence of Content

Federal Rules of Evidence

Rule 1004 — Admissibility of Other Evidence of Content

Fed. R. Evid. 1004

Rule1004

ARTICLE XCONTENTS OF WRITINGS, RECORDINGS, AND

CitationFed. R. Evid. 1004

Fed. R. Evid. 1004 (Admissibility of Other Evidence of Content) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Bluebook

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.

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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.)