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.)