---
kind: "section"
citation: "29 C.F.R. § 18.1004"
title: "29"
number: "18.1004"
heading: "Admissibility of other evidence of contents."
url: "https://uscodex.org/cfr/29/18.1004"
---

# §18.1004. Admissibility of other evidence of contents.

- (a) 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 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
  - (4) **Collateral matters.** The writing, recording, or photograph is not closely related to a controlling issue.
- (b) [Reserved]

## Notes

### 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.