EZRCP · Virginia · Part Three - Practice and Procedure in Civil Actions · Va. Sup. Ct. R. 2:1008

Va. Sup. Ct. R. 2:1008. — Functions of Court and Jury

Virginia · Part Three - Practice and Procedure in Civil Actions

Open on EZRCP

Rule text

Whenever the admissibility of other evidence of contents or writings under these provisions depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the court to determine. However, when an issue is raised whether (1) the asserted writing ever existed, or (2) another writing produced at the trial is the original, or (3) other evidence of contents correctly reflects the contents, the issue is for the trier of fact to determine.

Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012.