Functions of the Court and Jury

Ordinarily, the court determines whether the proponent has ful- filled 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 ex- isted; (b) another one produced at the trial or hearing is the origi- nal; or (c) other evidence of content accurately reflects the content. (As amended Apr. 26, 2011, eff. Dec. 1, 2011.) ARTICLE XI. MISCELLANEOUS RULES