Rule 1004 — Admissibility of other evidence of content

Section X · Contents of Writings, Recordings, and Photographs

Rule 1004. Admissibility of other evidence of content

2024 Manual for Courts-Martial, United States

See all changes

An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if:

(a) Originals lost or destroyed. All the originals are lost or destroyed, and not by the proponent acting in bad faith;

(b) Original not obtainable. An original cannot be obtained by any available judicial process;

(c) Original in possession of opponent. 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) Collateral matters. The writing, recording, or photograph is not closely related to a controlling issue.