19-19-1008. Functions of the court and jury.
Ordinarily, the court determines whether the proponent has fulfilled the factual conditions for admitting other evidence of the content of a writing, recording, or photograph under §19-19-1004 or 19-19-1005. But in a jury trial, the jury determines--in accordance with subdivision 19-19-104(b)--any issue about whether:
(a)An asserted writing, recording, or photograph ever existed;
(b)Another one produced at the trial or hearing is the original; or
(c)Other evidence of content accurately reflects the content.
Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 1008); SDCL §19-18-8; SL 2016, ch 239 (Supreme Court Rule 15-72), eff. Jan. 1, 2016.