The original is not required, and a duplicate or other evidence of the contents of a record is admissible if:
§ 3004.Admissibility of Other Evidence of Contents
Chapter 40: Oklahoma Evidence Code · Last amended November 1, 2002 · Last verified August 3, 2026
In one sentenceExcuses production of the original, admitting a duplicate or other evidence of a record's contents, when all originals are lost or destroyed without bad faith, no original is obtainable by judicial process, a notified opposing party fails to produce it, or the record isn't closely related to a controlling issue.
Full Text of § 3004
1. All originals are lost or have been destroyed unless the proponent lost or destroyed them in bad faith;
2. No original can be obtained by any available judicial process or procedure;
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. The record is not closely related to a controlling issue.
Amendment History
Added by Laws 1978, SB 276, c. 285, § 1004, eff. 10/1/1978; Amended by Laws 1995, SB 401, c. 135, § 2, eff. 11/1/1995; Amended by Laws 2002, HB 1939, c. 468, §68, emerg. eff. 11/1/2002.
Plain-English Summary
Section 3004 lists four situations where secondary evidence of a record's contents can substitute for the original. The originals might all be lost or destroyed, unless the proponent lost or destroyed them in bad faith. No original might be obtainable through any available judicial process or procedure. An original might have been under the control of the opposing party, who had notice through pleadings or otherwise that its contents would be an issue, yet failed to produce it at the hearing. Or the record might not be closely related to a controlling issue in the case.
Frequently Asked Questions
What if the original document was destroyed?
If all originals are lost or destroyed and the proponent didn't do so in bad faith, other evidence of the contents is admissible.
Can you use secondary evidence if the other side won't produce an original they control?
Yes, if that party had notice the contents would be an issue and still doesn't produce the original at the hearing.
Does every lost document qualify for this exception?
No, if the proponent lost or destroyed the original in bad faith, this exception doesn't apply.
Does the best-evidence rule apply to records that barely matter to the case?
No, paragraph 4 excuses the original requirement when the record isn't closely related to a controlling issue.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: lost or destroyed document evidence oklahoma12 O.S. § 3004FRE 1004 oklahoma equivalentsecondary evidence of contents oklahoma best evidence rule