§ 12-3008. Functions of judge and jury.

When the admissibility of other evidence of contents of a record depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the court to determine in accordance with the provisions of Section 2104 of this title.  However, when an issue is raised questioning:

1.  Whether the asserted record ever existed;

2.  Whether another record produced at the trial is the original; or

3.  Whether other evidence of contents correctly reflects the contents;

the issue is for the trier of fact to determine.

Added by Laws 1978, c. 285, § 1008, eff. Oct. 1, 1978.  Amended by Laws 2002, c. 468, § 71, eff. Nov. 1, 2002.