Iowa.R.Evid. 5.1004

As amended through Septmber 9, 2024
Rule 5.1004 - Admissibility of other evidence of content

An 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 be 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.

Iowa.R.Evid. 5.1004

Report 1983; November 9, 2001, effective February 15, 2002; amended September 28, 2016, effective 1/1/2017.