Rule · Federal Rules of Evidence
Fed. R. Evid. 1008 — Functions of the Court and Jury
Fed. R. Evid. 1008
- Type
- Rule
- Source
- Federal Rules of Evidence
- Jurisdiction
- Federal
- Date
- 2026-10-22
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 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 existed; (b) another one produced at the trial or hearing is the original; or (c) other evidence of content accurately reflects the content.
Citator
Fed. R. Evid. 1008 — Functions of the Court and Jury is in force in the current edition of the Code, and nothing recorded condemns it.
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 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 existed; (b) another one produced at the trial or hearing is the original; or (c) other evidence of content accurately reflects the content.