Montana Code Annotated 1999

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Title 26, Chapter 10 -- MONTANA 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 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 that 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.

     History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977; amd. Sup. Ct. Ord. June 7, 1990, eff. June 7, 1990.

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