Article X · Contents of Writings, Recordings, and Photographs

Rule 1004. Admissibility of Other Evidence of Content

Effective July 2, 2026

Cite: Tex. R. Evid. 1004

An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if:

(a)

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.