NH · rules
N.H. R. Ev. 1004
Admissibility of Other Evidence of Contents
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, and not by the proponent acting in bad faith;
(b) an original cannot be obtained by any available judicial process;
(c) 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
(d) the writing, recording, or photograph is not closely related to a controlling issue.
History
2016 NHRE Update Committee Note The amendments made by supreme court order dated April 20, 2017, effective July 1, 2017, made stylistic changes to the rule.
Provenance
- Source
- www.courts.nh.gov
- Retrieved
- 2026-09-17
- Edition
- 2026-09-16
- Content hash
c3fd5069511984f524a35f9a458003f67b4b218c438a52b8ce136935dcd8c194
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