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Laws of North Carolina (Last Updated: May 12, 2015) |
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Chapter8C. Evidence Code. |
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Article10. Contents of Writings, Recordings and Photographs |
Rule1004. Admissibility of other evidence of contents
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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 a party against whom offered, he was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and he does not produce the original at the hearing; or
(4) Collateral Matters. - The writing, recording, or photograph is not closely related to a controlling issue.