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 a condition of fact, the question whether the condition has been fulfilled is ordinarily for the court to determine in accordance with the provisions of Pa.R.E. 104. However, when an issue is raised (a) whether the asserted writing ever existed, or (b) whether another writing, recording, or photograph produced at the trial is the original, or (c) whether other evidence of contents correctly reflects the contents, the issue is for the trier of fact to determine as in the case of other issues of fact.

Comment

   This rule is identical to F.R.E. 1008 except for the reference to ‘‘Pa.R.E.’’ instead of ‘‘rule.’’ There is no equivalent to this rule under Pennsylvania law, but this approach is consistent with Pennsylvania practice.



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