Rule 1008. Functions of the Court and Jury

Ordinarily, the court determines whether the proponent has fulfilled the factual conditions for admitting other evidence of the content of a writing, recording, or photograph under Rule 1004 or 1005. But in a jury trial, the jury determines – in accordance with Rule 104(b) – any issue about whether:

(a)  an asserted writing, recording, or photograph ever existed;

(b)  another one produced at the trial or hearing is the original; or

(c)  other evidence of content accurately reflects the content.

    

(Adopted March 26, 2018, effective July 1, 2018.)