Rule 1008 Functions of the Court and Jury

When there is a question about a document, recording, or photo in a case, different people are in charge of answering different questions. The judge usually decides whether it is acceptable to use a copy or other substitute when the original is not available.

However, some questions belong to the jury in a jury trial. The jury decides if the original document or recording ever existed, if something brought to court is actually the original, or if a copy or description of the content is accurate.

This split makes sense because the jury is the one deciding what really happened in the case. Questions about whether evidence is genuine or accurate are questions of fact, and those belong to the jury to answer.