Rule 1008  Functions of court and jury. 
When the admissibility of other evidence of contents of writings, recordings,
or photographs under these rules depends upon the fulfillment of a condition of
fact, the question whether the condition has been fulfilled is ordinarily for
the court to determine in accordance with the provisions of rule 104.  However,
when an issue is raised (1) whether the asserted writing ever existed, or (2)
whether another writing, recording, or photograph produced at the trial is the
original, or (3) whether other evidence of contents correctly reflects the
contents, the issue is for the trier of fact to determine as in the case of
other issues of fact. [L 1980, c 164, pt of §1]



 



RULE 1008 COMMENTARY



 



  This rule is identical with Fed. R. Evid. 1008.  Most
preliminary questions of fact are addressed to the court under Rule 104(a). 
The issues reserved for the jury by this rule are considered to be related to
"the merits of the controversy," see Fed. R. Evid. 1008, Advisory
Committee's Note.  See Rule 104(b) supra.