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Rule 1004 of the Federal Rules of Evidence states in relevant part as follows: 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 --


    (1) Originals lost or destroyed. All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith[.]


This rule, essentially a restatement of the common law, excuses production of the original of a writing if one of the enumerated conditions is satisfied. The rule recognizes no degrees of secondary evidence and in this respect 'is probably a departure from the rule found in the majority of American jurisdictions.' 5 J. Weinstein, Evidence P1004[01], at 1004-5 (1975). Thus, once an enumerated condition of Rule 1004 is met, the proponent may prove the contents of a writing by any secondary evidence, subject to an attack by the opposing party not as to admissibility but to the weight to be given the evidence, with final determination left to the trier of fact. Once the conditions of Rule 1004 are met, the party seeking to prove the ...

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