Tex. R. Evid. 1004

Admissibility of Other Evidence of Content

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Rule 1004. Admissibility of Other Evidence of Content
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, unless the proponent lost or destroyed them in bad
faith;
(b) an original cannot be obtained by any available judicial process;
(c) an original is not located in Texas;
(d) 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
(e) the writing, recording, or photograph is not closely related to a controlling issue.

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