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 (a) Originals Lost or Destroyed. All originals are lost or have been destroyed, unless the proponent in bad faith lost or destroyed them; or (b) Original Not Obtainable. No original can be obtained by any available judicial process or procedure; or (c) 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 (d) Collateral Matters. The writing, recording, or photograph is not closely related to a controlling issue. (Added by SCO 364 effective August 1, 1979; amended by SCO 1153 effective July 15, 1994) The contents of voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at a reasonable time and place. The court may order that they be produced in court. (Added by SCO 364 effective August 1, 1979)