Rule 5.1008 Functions of the court and jury

When someone wants to use a copy or a description of a document, recording, or photo instead of the actual original, the judge usually decides if that's allowed. The judge looks at whether the person meets the requirements set out in the rules that cover missing or unavailable originals.

However, some questions about the evidence go to the jury instead of the judge. If there's a dispute about whether the original document or recording ever really existed, the jury decides that. The jury also decides if an item brought to court is actually the real original, and whether a copy or description accurately shows what the original said or showed.

This split makes sense because these are factual disputes that affect how much weight the evidence deserves. The judge handles the basic gatekeeping question of whether the copy can be used at all. The jury then weighs in on whether they actually believe the copy is accurate or that the original existed in the first place.