Tex. R. Evid. 1008 — Functions of the Court and Jury

Texas Rules of Evidence · Version 2026-07-02 · Status: active · X Contents of Writings, Recordings, and Photographs

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Rule text

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.

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