Illinois Administrative Code
Title 95 - VETERANS AND MILITARY AFFAIRS
Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT
Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE
Section 400.715 - Expert Testimony; Polygraph Examinations
Universal Citation: 95 IL Admin Code ยง 400.715
Current through Register Vol. 48, No. 12, March 22, 2024
a) Expert Witnesses
1) Testimony by Expert Witnesses
A) If scientific, technical or other
specialized knowledge will assist the trier of fact to understand the evidence
or to determine a fact in issue, a witness qualified as an expert by knowledge,
skill, experience, training or education may testify in the form of an opinion
or otherwise.
B) When an expert
witness testifies to an opinion based on a new or novel scientific methodology
or principle, the proponent of the opinion has the burden of showing the
methodology or scientific principle on which the opinion is based is
sufficiently established to have gained general acceptance in the particular
field in which it belongs. (Il. Mil. R. Evid. 702)
2) Bases of an Expert's Opinion Testimony
A) The facts or date in the particular case
upon which an expert bases an opinion or inference may be those perceived by or
made known to the expert at or before the hearing.
B) If of a type reasonably relied upon by
experts in the particular field in forming opinions or inferences upon the
subject, the facts or data need not be admissible in evidence. (Il. Mil. R.
Evid. 703)
3) Opinion on
an Ultimate Issue
Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact. (Il. Mil. R. Evid. 704)
4) Disclosing the Facts or Data Underlying an
Expert's Opinion
A) The expert may testify in
terms of opinion or inference and give the expert's reason for the opinion or
reference without prior disclosure of the underlying facts or data, unless the
military judge requires otherwise.
B) The expert may, in any event, be required
to disclose the underlying facts or data on cross-examination. (Il. Mil. R.
Evid. 705)
5)
Court-Appointed Expert Witnesses
A)
Appointment and Compensation. The trial counsel, the defense counsel, and the
court-martial have equal opportunity to obtain expert witnesses under Code
Section 46.
B) Disclosure of
Employment. In the exercise of discretion, the military judge may authorize
disclosure to the members of the fact that the military judge called an expert
witness.
C) Accused's Experts of
Own Selection. Nothing in this subsection (a)(5) limits the accused in calling
expert witnesses of the accused's own selection and at the accused's own
expense. (Il. Mil. R. Evid. 706)
b) Polygraph Examinations
1) Notwithstanding any other provision of
law, the results of a polygraph examination, the opinion of a polygraph
examiner, or any reference to an offer to take, failure to take, or taking of a
polygraph examination, shall not be admitted into evidence.
2) Nothing in this subsection (b) is intended
to exclude from evidence statements made during a polygraph examination that
are otherwise admissible. (Il. Mil. R. Evid. 707)
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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