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Idaho Rules of Evidence 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 reasonably practicable, 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.

    

(Adopted March 26, 2018, effective July 1, 2018.)

 

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 Roger S. Burdick
Justice Joel D. Horton
Justice Robyn M. Brody
Justice G. Richard Bevan



Members of the
Idaho Court of Appeals

Chief Judge David W. Gratton
Judge Sergio A. Gutierrez
Judge Molly J. Huskey
Judge Jessica M. Lorello

 

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