Rule 1004. Admissibility of other evidence of contents.

Rule 1004. Admissibility of other evidence ofcontents.

The original is not required, and other evidence of the contents of awriting, recording, or photograph is admissible if:

(1)        Originals Lost or Destroyed. – All originals are lost orhave been destroyed, unless the proponent lost or destroyed them in bad faith;or

(2)        Original Not Obtainable. – No original can be obtained byany available judicial process or procedure; or

(3)        Original in Possession of Opponent. – At a time when anoriginal was under the control of a party against whom offered, he was put onnotice, by the pleadings or otherwise, that the contents would be a subject ofproof at the hearing, and he does not produce the original at the hearing; or

(4)        Collateral Matters. – The writing, recording, or photographis not closely related to a controlling issue. (1983, c. 701, s. 1.)