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RULE 5-1004. ADMISSIBILITY OF OTHER EVIDENCE OF CONTENTS

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 5. Evidence (Refs & Annos)
Chapter 1000. Contents of Writings, Recordings, and Photographs
MD Rules, Rule 5-1004
RULE 5-1004. ADMISSIBILITY OF OTHER EVIDENCE OF CONTENTS
Currentness
The contents of a writing, recording, or photograph may be proved by evidence other than the original if:
(a) Original Lost or Destroyed. All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith;
(b) Original Not Obtainable. No original can be obtained by any reasonably practicable, available judicial process or procedure;
(c) 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 or trial, and that party does not produce the original at the hearing or trial; or
(d) Collateral Matters. The writing, recording, or photograph is not closely related to a controlling issue.
Cross reference: For admissibility of duplicates, see Rule 5-1003.
Source: This Rule is derived from F.R.Ev. 1004.

Credits

[Adopted Dec. 15, 1993, eff. July 1, 1994.]
MD Rules, Rule 5-1004, MD R REV Rule 5-1004
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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