Me. R. Evid. 1004

As amended through February 27, 2023
Rule 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 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.

Me. R. Evid. 1004

Adopted effective 1/1/2015.

Maine Restyling Note [November 2014]

Maine Rule 1004 and former Federal Rule 1004 are substantially identical, and there is no reason to depart from the language of the restyled Federal Rule.

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