Print Version
Previous PageFile uploaded: 4/4/2012

Rule 1004. Admissibility of OtherEvidence of Content

 

An original is notrequired and other evidence of the content of a writing, recording, orphotograph is admissible if:

 

(a)      allthe originals are lost or destroyed, and not by the proponent acting in badfaith;

 

(b)      anoriginal cannot be obtained by any available judicial process;

  

(c)      theparty 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 originalwould be a subject of proof at the trial or hearing; and fails to produce it atthe trial or hearing; or

 

(d)      thewriting, recording, or photograph is not closely related to a controllingissue.

 

 

2011 Advisory CommitteeNote. Thelanguage of this rule has been amended as part of the restyling of the EvidenceRules to make them more easily understood and to make style and terminologyconsistent throughout the rules. These changes are intended to be stylisticonly. There is no intent to change any result in any ruling on evidenceadmissibility. This rule is the federal rule, verbatim.

 

ADVISORYCOMMITTEE NOTE

 

This rule isthe federal rule, verbatim, and embodies in a more comprehensive fashion theprovisions of Rule 70, Utah Rules of Evidence (1971).