Functions of the Court and Jury

Texas Rules of Evidence

Rule: 1008

Jurisdiction: TX

Bluebook Citation: Tex. R. Evid. 1008

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) (b) (c) an asserted writing, recording, or photograph ever existed; another one produced at the trial or hearing is the original; or other evidence of content accurately reflects the content.

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