ADMISSIBILITY OF OTHER EVIDENCE OF CONTENTS

Rules of the Supreme Court of Virginia

Rule: 2:1004

Jurisdiction: VA

Bluebook Citation: Va. Sup. Ct. R. 2:1004

The original is not required, and other evidence of the contents of a writing is admissible if: (a) Originals lost or destroyed. All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or (b) Original not obtainable. No original can be obtained by any available judicial process or procedure, unless the proponent acted in bad faith to render the original unavailable; 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 is not closely related to a controlling issue. Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012. RULES OF SUPREME COURT OF VIRGINIA PART TWO VIRGINIA RULES OF EVIDENCE ARTICLE X. BEST EVIDENCE

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