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Code · Montana · Title 26 — Evidence · Chapter 10 · Part 10

Rule 1004.

143 words·~1 min read·/mt/title-26/chapter-10/part-10/1004·

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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.
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