Rule 2:1008. FUNCTIONS OF COURT AND JURY

Whenever the admissibility of other evidence of contents or writings under these provisions depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the court to determine. However, when an issue is raised whether (1) the asserted writing ever existed, or (2) another writing produced at the trial is the original, or (3) other evidence of contents correctly reflects the contents, the issue is for the trier of fact to determine.

Committee Notes

Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012 .