Montana Rules of Evidence R. 1004
Rule 1004. Admissibility of other evidence of contents.
Terms Used In Montana Rules of Evidence R
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Writing: includes printing. See Montana Code 1-1-203
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 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
(4)Collateral matters. The writing, recording, or photograph is not closely related to a controlling issue.