Rule 11-1004 NMRA
Rule 11-1004. 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 has 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.