§1008 Functions of Court and Jury

• Library: Evidence Restated Deskbook (2021 Ed.)

§1008 Functions of Court and Jury

When the admissibility of other evidence of contents of writings or recordings depends on the fulfillment of a condition of fact, the question whether the condition has been fulfilled is solely one for the court to determine in accordance with the provisions of §104 of this deskbook.

Notes

The first sentence in this section merely restates Missouri law provided in §104.A of this deskbook—namely, that preliminary questions concerning the admissibility of evidence are to be determined by the court.

Accordingly, it is for the trial court, and not the jury, to determine whether or not the foundational facts necessary for the introduction of...