Article X · Contents of Writings, Recordings, and Photographs
Rule 1008. Functions of the Court and Jury
Cite: Tex. R. Evid. 1008
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:
an asserted writing, recording, or photograph ever existed;
other evidence of content accurately reflects the content.