MT · rules
Mont. R. Evid. 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.
Provenance
- Source
- courts.mt.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
aa2cd63ed8d89e1270b980f221c49bab73d1e206c3e2f60912d6a7474241fc6d
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