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Unformatted text preview: rocedure (ex: violating right against self-incrimination) 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 content would be a subject of proof at the hearing, and that party does not produce the original at the hearing. Collateral Matters. The writing, recording, or photograph is not closely related to a controlling issue. Texas adds an extra exemption here: Excuses nonproduction of the original whenever it is located outside of Texas whenever the original is located outside of evidence, secondary evidence of any kind may be used to prove its contents!
No degrees of secondary evidence: If any of the four conditions listed in Rule 1004 is established, the proponent is then free to prove the contents of a writing, recording, or photograph by any secondary evidence he chooses! The rule recognizes no `degrees' of secondary evidence. Example: In a criminal case, a polic...
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