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Idaho Rules of Evidence Rule 1004. Admissibility of Other Evidence of Contents.

The 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 originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or 

    

(2)  Original not obtainable. No original can be obtained by any reasonably practicable, available judicial process or procedure; or 

    

(3)  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 the party does not produce the original at the hearing; or 

    

(4)  Collateral matters. The writing, recording, or photograph is not closely related to a controlling issue. 

    

(Adopted January 8, 1985, effective July 1, 1985.)

 

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

Members of the
Idaho Supreme Court

Chief Justice Jim Jones
Justice Daniel T. Eismann
Justice Roger S. Burdick
Justice Warren E. Jones
Justice Joel D. Horton



Members of the
Idaho Court of Appeals

Chief Judge John M. Melanson
Judge Karen L. Lansing
Judge Sergio A. Gutierrez
Judge David W. Gratton

 

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