Rule 1004. Admissibility of Other Evidence of Content

 

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.

 

 

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

 

ADVISORY COMMITTEE NOTE

 

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