Rule · Federal Rules of Evidence

Rule 1004. Admissibility of Other Evidence of Content

Federal Rules of Evidence § 1004

Type
Rule
Source
Federal Rules of Evidence
Jurisdiction
Federal
Date
2026-07-10
Topic
general

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. (As amended Mar. 2, 1987, eff. Oct. 1, 1987; amended eff. Dec. 1, 2011.)

Citator

UpLaw has not yet analyzed Rule 1004. Admissibility of Other Evidence of Content. The absence of a flag is not a finding that it is good law.

Rule1004. 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.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; amended eff. Dec. 1, 2011.)