Under Rule 1008, in a jury trial, who determines issues about whether the asserted writing existed or is the original?

• A. The jury
• B. The court
• C. A magistrate
• D. The clerk

Answer: (C)

Rule 1008 divides the task of handling admissibility questions about writings between a judicial officer and the jury. The issues of whether an asserted writing actually existed and whether the piece offered is the original are foundational authenticity questions. In a jury trial, these threshold questions are handled by a magistrate (a judicial officer assigned to resolve preliminary matters) rather than by the jury. The magistrate’s determination on existence and original status clears the path for admissibility and keeps the trial focused on substantive issues once the writing is deemed admissible. The jury then weighs the writing's credibility and relevance once these preliminaries are resolved.