910.08 Functions of judge and jury. When the admissibility of other evidence of contents of writings, recordings or photographs under chs. 901 to 911 depends upon the fulfillment of a condition of fact, the question of whether the condition has been fulfilled is ordinarily for the judge to determine. However, when any of the following issues is raised, the issue is for the trier of fact to determine as in the case of other issues of fact:
(1) Whether the asserted writing ever existed.
(2) Whether another writing, recording or photograph produced at the trial is the original.
(3) Whether other evidence of contents correctly reflects the contents.
History: Sup. Ct. Order, 59 Wis. 2d R1, R364 (1973); 1993 a. 213.
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