Rule 1008. Functions of court and jury
When the admissibility of other evidence of contents of writings, recordings or photographs under ORS 40.550 (Rule 1001. Definitions for ORS 40.550 to 40.585) to 40.585 (Rule 1008. Functions of court and jury) 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 ORS 40.030 (Rule 104. Preliminary questions). However, the issue is for the trier of fact to determine as in the case of other issues of fact when the issue raised is:
(1) Whether the asserted writing ever existed;
(2) Whether another writing, recording or photograph produced at the trial is the original; or
(3) Whether the other evidence of contents correctly reflects the contents. [1981 c.892 §78]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.