Rule 1008. Functions of court and jury. - North Carolina Statutes

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 acondition of fact, the question whether the condition has been fulfilled isordinarily for the court to determine in accordance with the provisions of Rule104. However, when an issue is raised (a) whether the asserted writing everexisted, or (b) whether another writing, recording, or photograph produced atthe trial is the original, or (c) whether other evidence of contents correctlyreflects the contents, the issue is for the trier of fact to determine as inthe case of other issues of fact. (1983, c. 701, s. 1.)