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. [L 1980, c 164, pt of 1]

 

RULE 1008 COMMENTARY

 

This rule is identical with Fed. R. Evid. 1008. Most preliminary questions of fact are addressed to the court under Rule 104(a). The issues reserved for the jury by this rule are considered to be related to "the merits of the controversy," see Fed. R. Evid. 1008, Advisory Committee's Note. See Rule 104(b) supra.

 

 

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