General/Miscellaneous - Rules of Evidence - Rule 1004. Admissibility of Other Evidence of Contents

General/Miscellaneous - Rules of Evidence - Rule 1004. Admissibility of Other Evidence of Contents

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 proponent 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 related to a controlling issue. 2016 NHRE Update Committee Note The amendments made by supreme court order dated April 20, 2017, effective July 1, 2017, made stylistic changes to the rule.