Part X · Contents of Writings, Recordings, and Photographs

Rule 1004. Admissibility of Other Evidence of Content

Amended September 1, 2025 (current)

(a) An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if: all the originals are lost or destroyed, unless the proponent lost or destroyed them in bad faith;

(b) an original cannot be obtained by any available judicial process;

(c) an original is not located in Texas;

(d) the party against whom the original would be offered had control of the original; was at that time put on notice, by pleadings or otherwise, that the original would be a subject of proof at the trial or hearing; and fails to produce it at the trial or hearing; or

(e) the writing, recording, or photograph is not closely related to a controlling issue.