Rule 1004 - Admissibility of Other Evidence of Content An original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if:
(1)Originals Lost or Destroyed. All the originals are lost or destroyed, and not by the proponent acting in bad faith; or (2)Original Not Obtainable. An original cannot be obtained by any available judicial process; or (3)Original in Possession of Opponent. The party against whom the original would be offered had control of the original was put on notice - by pleadings or otherwise - that the original would be a subject of proof at the trial, hearing or deposition; and then fails produce it when required to do so; or (4)Collateral Matters. The writing, recording, or photograph is not closely related to a controlling issue.COMMENT ON RULE 1004
Rule 1004 is the current state rule with some federal wording changes for clarity. The revised rule is substantively the same as the current State rule.