N.H. R. Evid. 1008

As amended through May 2, 2024

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) (b)(c)

(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.

].

N.H. R. Evid. 1008

Amended April 20, 2017, eff. 7/1/2017.

2016 NHRE Update Committee Note

The amendments made by supreme court order dated April 20, 2017, effective July 1, 2017, made stylistic changes to the rule.