Rule 1008 — Functions of the Court and Jury

Fed. R. Evid. 1008

• Source: Federal Rules of Evidence
• Rule: 1008
• ARTICLE X: CONTENTS OF WRITINGS, RECORDINGS, AND
• Citation: Fed. R. Evid. 1008

Text

Ordinarily, the court determines whether the proponent has ful-
filled 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 ex-
isted;
(b) another one produced at the trial or hearing is the origi-
nal; or
(c) other evidence of content accurately reflects the content.

Advisory Committee Notes

(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)