N.J. R. Evid. 1008 (2026)

Ordinarily the court determines whether the proponent has fulfilled the factual conditions for admitting other evidence of the content of a writing or photograph under Rule 1004 or 1005. However, in a jury trial, the jury determines, in accordance with Rule 104, any factual issue about whether:

(a) an asserted writing or photograph ever existed,

(b) another writing or photograph produced at the trial or hearing is the original, or

(c) the evidence correctly reflects the content of the original writing or photograph.

NOTE: Adopted September 15, 1992 to be effective July 1, 1993; amended September 16, 2019 to be effective July 1, 2020.