Functions of the Court and Jury

U.S Code last checked for updates: Jan 18, 2025

Rule 1008.

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.

(Pub. L. 93–595, § 1, Jan. 2, 1975, 88 Stat. 1947; Apr. 26, 2011, eff. Dec. 1, 2011.)