Rule 11-1008 Functions of the court and jury.

This rule explains who decides certain questions when someone wants to use a copy or description of a document, recording, or photo instead of the original. Normally, the judge decides whether a person has met the requirements to use this kind of substitute evidence, such as showing the original was lost or destroyed.

However, in a jury trial, some specific questions go to the jury instead of the judge. The jury decides if the original document, recording, or photo actually existed in the first place. The jury also decides if something presented in court is really the original item. Finally, the jury decides if a copy or description of the item accurately shows what the original said or looked like.

This split makes sense because these particular questions often depend on believing witnesses or weighing conflicting evidence, which is the jury's job. The judge still handles the more basic legal question of whether the rules allow this kind of evidence to be used at all.