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In a jury trial, the parties dispute whether a written side agreement ever existed and whether a witness's notes accurately state the side agreement's terms. The judge finds enough evidence for the jury to hear the dispute.
Under Rule 1008, who decides those factual questions?

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The jury decides best-evidence issues only if both parties request it in writing. The jury never decides any issue related to the best evidence rules. The jury decides only whether the proponent acted in bad faith, and the judge decides all other best-evidence issues. In a jury trial, the jury decides whether an asserted writing ever existed, whether another item produced at trial is the original, or whether other evidence of content accurately reflects the content.

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