(1) The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if— 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 offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of 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.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987.)
added in current removed in current
Compared to current version (2025).
(1) TheAn original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if- Originals lost or destroyed. All: (a) all the originals are lost or have been destroyed, unlessand not by the proponent lost or destroyed them in bad faith; or
(2) Original not obtainable. Noacting in bad faith; (b) an original cannot 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 offered, that party was; (c) the party against whom the original would be offered had control of the original; was at that time put on notice, by the pleadings or otherwise, that the contentsoriginal would be a subject of proof at the trial or hearing,; and that party does notfails to produce it at the otriginal at the hearing; or
(4) Collateral matters. Tal or hearing; or (d) the writing, recording, or photograph is not closely related to a controlling issue.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 2011.)