N.H. R. Evid. 1004

As amended through March 20, 2024
Rule 1004 - Admissibility of Other Evidence of Contents

An original is not required, and other evidence of the contents 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; or
(b) An original cannot be obtained by any available judicial process; or
(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.

N.H. R. Evid. 1004

Amended April 20, 2017, eff. 7/1/2017.

2016 NHRE Update Committee Note

The amendments made by supreme court order dated April 20, 2017, effective July 1, 2017, made stylistic changes to the rule.