North Carolina General Statutes § 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; 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 a 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; or

(4)        Collateral Matters. - The writing, recording, or photograph is not closely related to a controlling issue. (1983, c. 701, s. 1.)

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Last modified: March 23, 2014