Rule 5-1008 - Functions of Court and Jury(a) Generally. Except as otherwise provided in section (b) of this Rule, when the admissibility of evidence other than the original 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 for the court to determine in accordance with the provisions of Rule 5-104(a).(b) Exceptions. The following issues, if raised, are for the trier of fact to determine as in the case of other issues of fact: (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 evidence of contents other than the original correctly reflects the contents. This Rule is derived from F.R.Ev. 1008.
Adopted Dec. 15, 1993, eff. 7/1/1994.