Tex. R. Evid. 1004 · Article X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS
Admissibility of Other Evidence of Content
Text — Effective July 2, 2026
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, unless the proponent lost or destroyed them in bad faith;
(b) an original cannot be obtained by any available judicial process;
(c) an original is not located in Texas;
(d) 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
(e) the writing, recording, or photograph is not closely related to a controlling issue.
Source of truth
- Edition
- Effective July 2, 2026
- Official file
- https://www.txcourts.gov/media/1463074/texas-rules-of-evidence-updated-with-amendments-effective-07022026.pdf (PDF pages 60)
- Text hash
- sha256 abbde432612f1ace8312e0fc3ade1dc096e8bfad161cb1981003e8c5ffe9b55e
- Composed by
- compose_tx_rules.py 2026-10-05: two PDF extractors agree character for character after the same chrome removal
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.