Intro to the Federal Rules of Evidence - 33

6. The judge & jury (FRE 1008)

a. Judge
The judge decides any factual questions that are essential to decide the technical application of this rule under 104(a).
For example, (1) whether a particular item of evidence is an original; (2) whether a particular item is a duplicate under FRE 1001, and therefore presumptively admissible under FRE 1003; (3) whether the original has been lost or destroyed, as provided in FRE 1004(1); and (4) whether the evidence related to a collateral matter or rather to a controlling issue under FRE 1004(4).

b. Exceptions by the jury
There are 3 exceptions: (1) whether the original ever existed; (2) whether a writing, recording, or photograph produced at trial is an original; (3) whether the evidence offered correctly reflects the contents of the original.