Colo. R. Evid. 1004 (2026)

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, the party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and the 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.

(Federal Rule Identical.)

COMMITTEE COMMENT

Subparagraph (1) of the rule will be in lieu of procedure that is reasonable in the circum- Rule 43(g)(1) of the Colorado Rules of Civil stances considering time and expense. For ex- Procedure; subparagraph (2) will be in lieu of ample, the FRE Committee’s Advisory Notes Rule 43(g)(6); subparagraph (3) will be in lieu refer to procedure including subpoena duces of Rule 43(g)(2). With respect to subparagraph tecum as an incident to the taking of a deposi- (2), the adoption of this provision has a direct tion in another jurisdiction. Such time and excorrelation with the comments appended to pense would often appear to be unjustified, and Rule 1003 regarding pretrial procedure. The should in part be taken care of by the pretrial Committee suggests that subparagraph (2) be procedures recommended in comments under viewed in terms of available judicial process or Rule 1003.

Amended by Rule Change 2025(05), adopted January 16, 2025, effective immediately.