Datasheet

■ RULES OF EVIDENCE

Federal Rules of Evidence (Rules 1001—1008) (Continued)

Rule 1004. Admissibility of Other Evidence of Contents

The original is not required, and other evidence of the contents of a writing, recording, or photo-

graph is admissible if—

1 Originals lost or destroyed.All originals are lost or have been destroyed, unless the proponent

lost or destroyed them in bad faith; or

2 Original not obtainable.No original can be obtained by any available judicial process or

procedure; or

3 Original in possession of opponent.At a time when an original was under the control of the

party against whom offered,that party was put on notice, by the pleadings or otherwise, that

the contents would be a subject of proof at the hearing, and that party does not produce the

original at the hearing; or

4 Collateral matters.The writing, recording, or photograph is not closely related to a control-

ling issue.

Rule 1005. Public Records

The contents of an official record, or of a document authorized to be recorded or filed and actually

recorded or filed, including data compilations in any form,if otherwise admissible,may be proved

by copy, certified as correct in accordance with rule 902,or testified to be correct by a witness who

has compared it with the original.If a copy which complies with the foregoing cannot be obtained

by the exercise of reasonable diligence, then other evidence of the contents may be given.

Rule 1006. Summaries

The contents of voluminous writings,recordings,or photographs which cannot conveniently be

examined in court may be presented in the form of a chart, summary, or calculation.The originals,

or duplicates, shall be made available for examination or copying, or both, by other parties at rea-

sonable time and place.The court may order that they be produced in court.

Rule 1007. Testimony or Written Admission of Party

Contents of writings, recordings,or photographs may be proved by the testimony or deposition of

the party against whom offered or by that party’s written admission, without accounting for the

nonproduction of the original.

Rule 1008. Functions of Court and Jury

When the admissibility of other evidence of contents of writings,recordings,or photographs under

these rules depends upon the fulfillment of a condition of fact,the question whether the condition

has been fulfilled is ordinarily for the court to determine in accordance with the provisions of rule 104.

Continues

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