Rule 1004 Federal Rules of Evidence

Rule 1004 of the Federal Rules of Evidence is about Admissibility of Other Evidence of Content. It is under Article X (Contents of Writings, Recordings, and Photographs) of the Rules.

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.