Evidence Rule 1008

Evidence Rule 1008

Rule 1008. Functions of Judge and Jury

Ordinarily the judge shall determine the sufficiency of proof of a condition for the admission of evidence of the contents of a writing or photograph other than the original in accordance with Rule 104. However, when a party raises an issue as to (a) whether the asserted writing or photograph ever existed, or (b) whether another writing or photograph produced at the trial is the original, or (c) whether the evidence correctly reflects the content of the original writing or photograph, the issue shall be determined by the trier of fact as in the case of other issues of fact.

HISTORY:Adopted September 15, 1992 to be effective July 1, 1993.