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 rule 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. ARTICLE XI. MISCELLANEOUS RULES
added in current removed in current
Compared to current version (2025).
When the admissibility ofOrdinarily, the court determines whether the proponent has fulfilled the factual conditions for admitting other evidence of the contents of a 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 toRule 1004 or 1005. But in a jury trial, the jury determine s-in accordance with the provisions of rule 104. However, when Rule 104(b)-any issue is raised (a) whether the asserted writingabout whether: (a) an asserted writing, recording, or photograph ever existed, or; (b) whether another writing, recording, or photographanother one produced at the trial or hearing is the original,; or (c) whether other evidence of contents correct accurately reflects the contents, the issue is for the trier of fact to determine as in the case of other issues of fact. .
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
Appended Forms
ARTICLE XI. MISCELLANEOUS RULES