Tex. R. Evid. 1008

Functions of the Court and Jury

sha256 5deb3d1a0355713344e6b5d51b85941b… · retrieved 7/15/2026, 8:29:38 PM · Supreme Court of Texas official rules PDF — txcourts.gov, verbatim · verified 8/5/2026 by TXEV-1 July reconcile (artifact-proven, dual-sourced)

Rule 1008. Functions of the Court and Jury
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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