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Rule 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
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