Georgia § 24-10-1008 Functions of court and jury

Georgia Statutes

§ 24-10-1008 — Functions of court and jury

When the admissibility of other evidence of the contents of writings, recordings, or photographs under the rules of evidence depends upon the fulfillment of a condition of fact, the question of whether the condition has been fulfilled is ordinarily for the court to determine in accordance with the provisions of Code Section 24-1-104 ; provided, however, that when an issue is raised as to:

(1)Whether the asserted writing, recording, or photograph ever existed;

(2)Whether another writing, recording, or photograph produced at the trial is the original; or (3) Whether other evidence of the contents correctly reflects the contents, the issue is for the trier of fact to determine as in the case of other issues of fact.

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When the admissibility of other evidence of the contents of writings, recordings, or photographs under the rules of evidence depends upon the fulfillment of a condition of fact, the question of whether the condition has been fulfilled is ordinarily for the court to determine in accordance with the provisions of Code Section 24-1-104 ; provided, however, that when an issue is raised as to: (1) Whether the asserted writing, recording, or photograph ever existed; (2) Whether another writing, recording, or photograph produced at the trial is the original; or (3) Whether other evidence of the contents correctly reflects the contents, the issue is for the trier of fact to determine as in the case of other issues of fact.

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