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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.)

 

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