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

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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.

Cross-referencesCited by 1

Cited by

Provisions elsewhere in the Manual whose text cites Rule 1004. Each link opens the citing provision.

Military Rules of Evidence

Mil. R. Evid. 1008 — Functions of the military judge and the members

…factual conditions for admitting other evidence of the content of a writing, recording, or photograph under Mil. R. Evid. 1004 or 1005. When a court-martial is composed of a military judge and members, the members determine - in accordance…