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  4. Rule 1008. Functions of the Court and Jury
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Federal Rules of Evidence

Rule 1008. Functions of the Court and Jury

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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 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.

    Previous ruleRule 1007. Testimony or Statement of a Party to Prove Content Next ruleRule 1101. Applicability of the Rules
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