The original is not required, and a duplicate or other evidence of the contents of a record is admissible if:

1. 1. All originals are lost or have been destroyed unless the proponent lost or destroyed them in bad faith;
2. 2. No original can be obtained by any available judicial process or procedure;
3. 3. 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 hearings and the party does not produce the original at the hearing; or
4. 4. The record is not closely related to a controlling issue.

Laws 1978, SB 276, c. 285, § 1004, eff. October 1, 1978; Amended by Laws 1995, SB 401, c. 135, § 2, eff. November 1, 1995; Amended by Laws 2002, HB 1939, c. 468, § 68, emerg. eff. November 1, 2002 (superseded document available).