---
kind: "section"
citation: "29 C.F.R. § 18.1008"
title: "29"
number: "18.1008"
heading: "Functions of the judge."
url: "https://uscodex.org/cfr/29/18.1008"
---

# §18.1008. Functions of the judge.


When the admissibility of other evidence of contents of writings, recordings, or photographs under these rules depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the judge to determine in accordance with the provisions of [§ 18.104(a)](/cfr/29/18.104.md?p=a). However, when an issue is raised whether the asserted writing ever existed; or whether another writing, recording, or photograph produced at the hearing is the original; or whether other evidence of contents correctly reflects the contents, the issue is for the judge as trier of fact to determine as in the case of other issues of fact.


## Notes

### Source

Source: 55 FR 13219, Apr. 9, 1990, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301; 5 U.S.C. 551-553; 5 U.S.C. 571 note; E.O. 12778; 57 FR 7292.

### Source

Source: 48 FR 32538, July 15, 1983, unless otherwise noted.