Current through Register Vol. 54, No. 49, December 7, 2024
Rule 1004 - Admissibility of Other Evidence of ContentAn original is not required and other evidence of the content of a writing, recording, or photograph is admissible if:
(a) all the originals are lost or destroyed, and not by the proponent acting in bad faith;(b) an original cannot be obtained by any available judicial process;(c) 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) the writing, recording, or photograph is not closely related to a controlling issue.The provisions of this Rule 1004 rescinded and replaced January 17, 2013, effective in sixty days, 43 Pa.B. 620.