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:

1. (a) an asserted writing, recording, or photograph ever existed;
2. (b) another one produced at the trial or hearing is the original; or

3. (c) other evidence of content accurately reflects the content.

   Comment

   This rule is identical to F.R.E. 1008.

   Official Note

   Adopted May 8, 1998, effective October 1, 1998; rescinded and replaced January 17, 2013, effective March 18, 2013.

   Committee Explanatory Reports:

   Final Report explaining the January 17, 2013 rescission and replacement published with the Court’s Order at 43 Pa.B. 651 (February 2, 2013).

Source

The provisions of this Rule 1008 rescinded and replaced January 17, 2013, effective in sixty days, 43 Pa.B. 620. Immediately preceding text appears at serial pages (276593) to (276594).