South Dakota § 19-19-1008 Functions of the court and jury.

South Dakota Statutes

§ 19-19-1008 — Functions of the court and jury.

South Dakota·Title 19 EVIDENCE·Ch. 19-18 SOUTH DAKOTA RULES OF EVIDENCE

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 § 19-19-1004 or 19-19-1005 . But in a jury trial, the jury determines--in accordance with subdivision 19-19-104(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.

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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 § 19-19-1004 or 19-19-1005 . But in a jury trial, the jury determines--in accordance with subdivision 19-19-104(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.

South Dakota § 19-19-1008 (Functions of the court and jury.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.