North Carolina § Rule 1004 Admissibility of other evidence of contents

North Carolina Statutes

§ Rule 1004 — Admissibility of other evidence of contents

North Carolina·Ch. 8C Evidence Code·Art. 10 Contents of Writings, Recordings and Photographs

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 a 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; or

(4)Collateral Matters. - The writing, recording, or photograph is not closely related to a controlling issue. (1983, c. 701, s. 1

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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 a 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; or
(4) Collateral Matters. - The writing, recording, or photograph is not closely related to a controlling issue. (1983, c. 701, s. 1.)

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