§ 19-18-8 (Rule 1008) Preliminary questions of admissibility determined by court-Questions for jury
19-18-8. (Rule 1008) Preliminary questions of admissibility determined by court--Questions for jury
When the admissibility of other evidence of contents of writings, recordings, or photographs under these rules depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the court to determine in accordance with the provisions of §§ 19-9-7 to 19-9-11, inclusive. However, when an issue is raised:
(1) Whether the asserted writing ever existed; or
(2) Whether another writing, recording, or photograph produced at the trial is the original; or
(3) Whether other evidence of contents correctly reflects the contents, the issue is for the trier of fact to determine as in the case of other issues of fact.