§ 12-3004. Admissibility of other evidence of contents.  


Latest version.
  • The original is not required, and a duplicate or other evidence of the contents of a record is admissible if:

    1.  All originals are lost or have been destroyed unless the proponent lost or destroyed them in bad faith;

    2.  No original can be obtained by any available judicial process or procedure;

    3.  At a time when an original was under the control of the party against whom offered, the party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearings and the party does not produce the original at the hearing; or

    4.  The record is not closely related to a controlling issue.

Added by Laws 1978, c. 285, § 1004, eff. Oct. 1, 1978.  Amended by Laws 1995, c. 135, § 2, eff. Nov. 1, 1995; Laws 2002, c. 468, § 68, eff. Nov. 1, 2002.