Federal Rules of Evidence, official text as in effect December 1, 2024.
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Ordinarily, the court determines whether the proponent has fulfilled the factual conditions for admitting other evidence of the content of a writing, recording, or photograph under Rule 1004 or 1005. But in a jury trial, the jury determines—in accordance with Rule 104(b)—any issue about whether:
(a) an asserted writing, recording, or photograph ever existed;
(b) another one produced at the trial or hearing is the original; or
(c) other evidence of content accurately reflects the content.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
Source: Federal Rules of Evidence, December 1, 2024, Administrative Office of the United States Courts, uscourts.gov.
This page reproduces the official text of the Federal Rules of Evidence for reference. It is not legal advice and adds no commentary. It does not replace the official publication, local rules, or the law that applies in your court. Check the current official text before relying on it.