State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_8C > GS_8C-1004

Rule 1004. Admissibility of other evidence ofcontents.

The original is not required, and other evidence of the contents of awriting, recording, or photograph is admissible if:

(1)        Originals Lost or Destroyed. – All originals are lost orhave been destroyed, unless the proponent lost or destroyed them in bad faith;or

(2)        Original Not Obtainable. – No original can be obtained byany available judicial process or procedure; or

(3)        Original in Possession of Opponent. – At a time when anoriginal was under the control of a party against whom offered, he was put onnotice, by the pleadings or otherwise, that the contents would be a subject ofproof at the hearing, and he does not produce the original at the hearing; or

(4)        Collateral Matters. – The writing, recording, or photographis not closely related to a controlling issue. (1983, c. 701, s. 1.)