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      CE 1004     


Art. 1004.  Admissibility of other evidence of contents

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

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

(3)  Original in possession of opponent.  At a time when an original was under the control of the party against whom offered, he was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and he does not produce the original at the hearing;

(4)  Collateral matters.  The writing, recording, or photograph is not closely related to a controlling issue; or

(5)  Impracticality of producing original.  The original, because of its location, permanent fixture, or otherwise, cannot as a practical matter be produced in court; or the cost or other consideration to be incurred in securing the original is prohibitive and it appears that a copy will serve the evidentiary purpose.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.

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