Va. R. Sup. Ct. 2:1004

As amended through September 26, 2024
Rule 2:1004 - Admissibility of Other Evidence of Contents

The original is not required, and other evidence of the contents of a writing is admissible if:

(a)Originals lost or destroyed. All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or
(b)Original not obtainable. No original can be obtained by any available judicial process or procedure, unless the proponent acted in bad faith to render the original unavailable; or
(c)Original in possession of opponent. At a time when an original was under the control of the party against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and that party does not produce the original at the hearing; or
(d)Collateral matters. The writing is not closely related to a controlling issue.

Va. Sup. Ct. 2:1004

Adopted and promulgated by Order dated June 1, 2012; effective 7/1/2012; adopted and promulgated by order dated June 1, 2012; effective 7/1/2012.