225 Pa. Code r. 1008 - Functions of the Court and Jury

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) an asserted writing, recording, or photograph ever existed;

(b) another one produced at the trial or hearing is the original; or

(c) other evidence of content accurately reflects the content.

Notes

225 Pa. Code r. 1008

The provisions of this Rule 1008 rescinded and replaced January 17, 2013, effective in sixty days, 43 Pa.B. 620.