Functions of judge and jury.
1. Except as otherwise provided in subsection 2, when the admissibility of other evidence of contents under these rules depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is for the judge to determine.
2. When an issue is raised:
(a) Whether the asserted writing ever existed;
(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,
Êthe issue is for the trier of fact to determine as in the case of other issues of fact.
Last modified: February 26, 2006