Theoriginal is not required, and a duplicate or other evidence of the contents of a writing, recording, or photograph 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 writing, recording, or photograph is not closely related to a controlling issue.

Added by Laws 1978, c. 285, § 1004, eff. October 1, 1978; Amended by Laws 1995, c. 135, § 2, eff. November 1, 1995.