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Texas Rules of Evidence Rule 1004

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, unless the proponent lost or destroyed them in bad faith;


(b) an original cannot be obtained by any available judicial process;


(c) an original is not located in Texas;


(d) 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


(e) the writing, recording, or photograph is not closely related to a controlling issue.


History: Added Feb. 25, 1998, eff. March 1, 1998; amended effective April 1, 2015

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