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Rule 1008. ?Functions of the Court andJury.

 

Ordinarily,the court determines whether the proponent has fulfilled the factual conditionsfor admitting other evidence of the content of a writing, recording, orphotograph under Rule1004 or 1005.But in a jury trial, the jury determines ? in accordance with Rule104(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.

 

 

2011 Advisory Committee Note. ?The language of this rule has been amended as part of therestyling of the Evidence Rules to make them more easily understood and to makestyle and terminology consistent throughout the rules. These changes areintended to be stylistic only. There is no intent to change any result in anyruling on evidence admissibility. This rule is the federal rule, verbatim.