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.
Comment 1008
[Deleted effective September 1, 2006.]
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