Section 19-19-1004 - Admissibility of other evidence of content

19-19-1004. Admissibility of other evidence of content.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, and not by the proponent acting in bad faith;(b)An original cannot be obtained by any available judicial process;(c)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(d)The writing, recording, or photograph is not closely related to a controlling issue. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 1004); SDCL §19-18-4; SL 2016, ch 239 (Supreme Court Rule 15-68), eff. Jan. 1, 2016.