ORS 40.565: Rule 1004. Admissibility of other evidence of contents.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
The original is not required, and other evidence of the contents of a writing, recording or photograph is admissible when: (1) All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; (2) An original cannot be obtained by any available judicial process or procedure; (3) 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 the party does not produce the original at the hearing; or (4) The writing, recording or photograph is not closely related to a controlling issue. [1981 c.892 §74]
This rule cites
No citations extracted.
Cited by
No inbound citations found.
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors040.html