When the admissibility of other evidence of contents of a record depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the court to determine in accordance with the provisions of Section 2104 of this title. However, when an issue is raised questioning:
§ 3008.Functions of Judge and Jury
Chapter 40: Oklahoma Evidence Code · Last amended November 1, 2002 · Last verified August 3, 2026
In one sentenceAssigns most preliminary fact questions about admitting secondary evidence of a record's contents to the judge, but sends three specific disputes -- whether the record ever existed, whether a produced record is the original, and whether other evidence correctly reflects its contents -- to the jury.
Full Text of § 3008
1. Whether the asserted record ever existed;
2. Whether another record produced at the trial is the original; or
3. Whether other evidence of contents correctly reflects the contents; the issue is for the trier of fact to determine.
Amendment History
Laws 1978, SB 276, c. 285, § 1008, eff. 10/1/1978; Amended by Laws 2002, HB 1939, c. 468, §71, eff. 11/1/2002.
Plain-English Summary
Ordinarily, whether the conditions for admitting secondary evidence of a record's contents have been met is a preliminary question for the court, decided under Section 2104. Section 3008 carves out three exceptions where the underlying factual dispute goes to the jury instead: whether the asserted record ever existed, whether a record produced at trial is the original, and whether other evidence offered as proof of the contents correctly reflects them.
Frequently Asked Questions
Who decides whether an exception to the original-document rule has been satisfied -- the judge or the jury?
Ordinarily the judge, under Section 2104, unless the dispute falls into one of the three categories this section sends to the jury.
What if the other side claims the document never existed?
That's a question for the trier of fact to determine, not a preliminary question for the judge alone.
Can the jury decide whether a document produced at trial is the original?
Yes, whether a record produced at trial is the original is one of the three issues this section reserves for the jury.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: judge vs jury best evidence rule oklahoma12 O.S. § 3008FRE 1008 oklahoma equivalentwho decides authenticity of original document oklahoma