§ Rule 1008 Functions of Court and Jury
RULE 1008
FUNCTIONS OF COURT AND 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 rule 104. 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.