Ariz. R. Evid. 1008

As amended through December 6, 2023

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, photograph, or video ever existed;

(b) another one produced at the trial or hearing is the original; or

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

Ariz. R. Evi. 1008

Amended Sept. 8, 2011, effective 1/1/2012; amended effective 1/1/2019.

COMMENT TO 2012 AMENDMENT

The language of Rule 1008 has been amended to conform to the federal restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.

HISTORICAL NOTE

Source:

Federal Rules of Evidence, Rule 1008.