Ohio Evid. R. 1004 (2026)
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; 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 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.
Effective Date: July 1, 1980 Amended: July 1, 2007