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