The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if: (1) All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or (2) No original can be obtained by any available judicial process or procedure; or (3) At a time when an original was under the control of the party against whom offered, he was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and he does not produce the original at the hearing; or (4) The writing, recording, or photograph is not closely related to a controlling issue.
Neb. Rev. Stat. § 27-1004
Rule 1004. Admissibility of other evidence of contents; when
Applied in 9 court decisions — leading case State v. Kula (2000)
Most recently applied in Richter v. City of Omaha (March 2007)
Laws 1975, LB 279, § 67.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.