§18.1004. Admissibility of other evidence of contents.
29 C.F.R. § 18.1004
The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if:
Originals lost or destroyed. All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or
Original not obtainable. No original can be obtained by any available judicial process or procedure; or
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 pleading 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
Collateral matters. The writing, recording, or photograph is not closely related to a controlling issue.
[Reserved]
Notes, amendments, and revision history
Source
Source: 55 FR 13219, Apr. 9, 1990, unless otherwise noted.
Authority
Authority: 5 U.S.C. 301; 5 U.S.C. 551-553; 5 U.S.C. 571 note; E.O. 12778; 57 FR 7292.
Source
Source: 48 FR 32538, July 15, 1983, unless otherwise noted.