Rule · Federal Rules of Evidence
Fed. R. Evid. 1004 — Admissibility of Other Evidence of Content
Fed. R. Evid. 1004
- Type
- Rule
- Source
- Federal Rules of Evidence
- Jurisdiction
- Federal
- Date
- 2026-10-22
- Current through
- Nov 3, 2026 (Office of the Law Revision Counsel)
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.
Citator
Fed. R. Evid. 1004 — Admissibility of Other Evidence of Content is in force in the current edition of the Code, and nothing recorded condemns it.
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.