§ 30.07 Exception—Original Not Obtainable: FRE 1004(b)

• Jurisdiction: United States

§ 30.07 Exception—Original Not Obtainable: FRE 1004(b)

If an original cannot be obtained by any available judicial process or procedure, secondary evidence is admissible.⁵⁸ The territorial limits of a subpoena duces tecum in civil cases is 100 miles, while it is nationwide in criminal cases.⁵⁹

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Notes:

^[58] See Fed. R. Evid. 1004 advisory committee's note ("When the original is in the possession of a third person, inability to procure it from him by resort to process or other judicial procedure is a sufficient explanation of nonproduction. Judicial procedure includes subpoena duces tecum as an incident to the taking of a deposition in another jurisdiction. No further showing is required.").

^[59] Fed. R. Civ. P. 45(b)(2); Fed. R. Crim. P. 17(e). See also Fed. R. Civ. P. 28(a) and 45...