The original shall not be required and other evidence of the contents of a writing, recording, or photograph shall be admissible if:
(1) All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith;
(2) No original can be obtained by any available judicial process or procedure;
(3) 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) The writing, recording, or photograph is not closely related to a controlling issue.
Section: Previous 24-10-1001 24-10-1002 24-10-1003 24-10-1004 24-10-1005 24-10-1006 24-10-1007 24-10-1008 NextLast modified: October 14, 2016