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Rule1008. Functions of the Court and Jury


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


(a)      anasserted writing, recording, or photograph ever existed;


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


(c)      otherevidence of content accurately reflects the content.



2011Advisory Committee Note. – Thelanguage of this rule has been amended as part of the restyling of the EvidenceRules to make them more easily understood and to make style and terminology consistentthroughout the rules. These changes are intended to be stylistic only. There isno intent to change any result in any ruling on evidence admissibility. Thisrule is the federal rule, verbatim.