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Rule 1004. ?Admissibilityof Other Evidence of Content.

 

Anoriginal 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 theproponent acting in bad faith;

 

(b)      an original cannot be obtained by any available judicialprocess;

  

(c)      theparty against whom the original would be offered had control of the original; wasat that time put on notice, by pleadings or otherwise, that the original wouldbe a subject of proof at the trial or hearing; and fails to produce it at thetrial or hearing; or

 

(d)      the writing, recording, or photograph is not closely relatedto a controlling issue.

 

 

2011 Advisory Committee Note. ?The language of this rule has been amended as part of therestyling of the Evidence Rules to make them more easily understood and to makestyle and terminology consistent throughout the rules. These changes areintended to be stylistic only. There is no intent to change any result in anyruling on evidence admissibility. This rule is the federal rule, verbatim.

 

Original Advisory Committee Note.? This rule is the federal rule, verbatim, and embodies in a morecomprehensive fashion the provisions of Rule 70, Utah Rules of Evidence (1971).