W.Va. R. Evid. 1008

As amended through January 31, 2024

Rule 1008 - Functions of Court and Jury

When the admissibility of secondary evidence to prove contents of writings, recordings, or photographs under these rules 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 Rule 104(a). However, when an issue is raised in a jury trial, the jury determine-in accordance with Rule 104(b) -any issue about:

(A) whether the asserted writing, recording or photograph ever existed, or

(B) whether another writing, recording, or photograph produced at the trial is the original, or

(C) whether other evidence of content correctly reflects the content.

W.va. R. Evid. 1008

COMMENT ON RULE 1008

Rule 1008 is patterned after the state rule, but organized like the federal rule. The additional language in Rule 1008 "in a jury trial, the jury determine - in accordance with Rule 104(b) - any issue about:" is taken directly from its federal counterpart. The revised rule is substantively the same as the current state rule.