Miss. R. Evid. 1004

As amended through October 31, 2024

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.

Miss. R. Evid. 1004

Restyled eff. 7/1/2016.

Advisory Committee Note

The language of Rule 1004 has been amended as part of the general restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. Lower-case lettered subdivisions have replaced numbered paragraphs as first-level formatting. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.

Secondary evidence is admissible in lieu of the original in certain instances. Subsections 1, 2, and 3 conform to existing Mississippi case law. Subsection 4 dispenses with the best evidence rule in collateral matters. The rule follows the "English Rule" which holds that there are no degrees of secondary evidence. Secondary evidence is not ranked, and, thus, no principle of preference is established.

["Advisory Committee Note" substituted for "Comment," effective June 16, 2016; amended July 1, 2016, to note restyling.]

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