910.04 Admissibility of other evidence of contents. - Wisconsin Statutes

910.04

910.04 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:

910.04(1)

(1) Originals lost or destroyed. All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or

910.04(2)

(2) Original not obtainable. No original can be obtained by any available judicial process or procedure; or

910.04(3)

(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

910.04(4)

(4) Collateral matters. The writing, recording or photograph is not closely related to a controlling issue.

910.04 - ANNOT.

History: Sup. Ct. Order, 59 Wis. 2d R1, R357 (1973); 1991 a. 32.