Current through Register Vol. 48, No. 12, March 22, 2024
a)
Subscribing Witnesses' Testimony. The testimony of a subscribing witness is not
necessary to authenticate a writing unless required by the laws of the
jurisdiction whose laws govern the validity of the writing. (Il. Mil. R. Evid.
903)
b) Contents of Writings,
Recordings and Photographs
For purposes of this Section, the following definitions
apply:
1) "Duplicate" means a
counterpart produced by the same impression as the original, or from the same
matrix, or by means of photography, including enlargements and miniatures, or
by mechanical or electronic rerecording, or by chemical reproduction, or by
other equivalent techniques that accurately reproduce the original. (Il. Mil.
R. Evid. 1001; see also Il. Mil. R. Evid. 902)
2) "Original" of a writing or recording means
the writing or recording itself or any counterpart intended to have the same
effect by a person executing or issuing it. An "original" of a photograph
includes the negative or any print. If data are stored in a computer or similar
device, any printout or other output readable by sight, shown to reflect the
data accurately, is an "original".
3) "Photographs" means still photographs,
X-ray films, video tapes, and motion pictures and similar or other products or
processes that produce a recorded image.
4) "Writings" and "Recordings" means letters,
words, sounds or numbers, or their equivalent, set down by handwriting,
typewriting, printing, photocopying, photographing, magnetic impulse,
mechanical or electronic recording, or other form of data compilation. (Il.
Mil. R. Evid. 1001)
c)
Requirement of the Original
To prove the content of a writing, recording or photograph,
the original writing, recording or photograph is required, except as otherwise
provided in this Manual, Illinois Statute or Act of Congress. (Il. Mil. R.
Evid. 1002)
d)
Admissibility of Duplicates
A duplicate is admissible to the same extent as an original
unless:
1) a genuine question is
raised as to the authenticity of the original; or
2) in the circumstances it would be unfair to
admit the duplicate in lieu of the original. (Il. Mil. R. Evid. 1003)
e) Admissibility of Other Evidence
of Content
The original is not required, and other evidence of the
contents of a writing, recording or photograph is admissible if:
1) Originals Lost or Destroyed. All originals
are lost or have been destroyed, unless the proponent lost or destroyed them in
bad faith;
2) Original Not
Obtainable. No original can be obtained by any available judicial process or
procedure;
3) Original in
Possession of Opponent. At a time when an original was under the control of the
party against whom offered, the party was put on notice, by the pleadings or
otherwise, that the contents would be a subject of proof at the hearing, and
the party does not produce the original at the hearing; or
4) Collateral Matters. The writing, recording
or photograph is not closely related to a controlling issue. (Il. Mil. R. Evid.
1004)
f) Copies of
Public Records to Prove Content
1) The
contents of an official record, or of a document authorized to be recorded or
filed and actually recorded or filed, including data compilations in any form,
if otherwise admissible, may be proved by copy, certified as correct or
attested to in accordance with Section 400.725(b) or testified to be correct by
a witness who has compared it with the original.
2) If a copy that complies with the foregoing
cannot be obtained by the exercise of reasonable diligence, other evidence of
the contents may be given. (Il. Mil. R. Evid. 1005)
g) Summaries to Prove Content
1) The contents of voluminous writings,
recordings or photographs that cannot conveniently be examined in court may be
presented in the form of a chart, summary or calculation.
2) The originals, or duplicates, shall be
made available for examination or copying, or both, by other parties at a
reasonable time and place. The military judge may order that they be produced
in court. (Il. Mil. R. Evid. 1006)
h) Testimony or Statement of a Party to Prove
Content
Contents of writings, recordings or photographs may be proved
by the testimony or deposition of the party against whom offered or by the
party's written admission, without accounting for the nonproduction of the
original. (Il. Mil. R. Evid. 1007)
i) Functions of the Military Judge
1) When the admissibility of other evidence
of contents of writings, recordings or photographs under this Section depends
upon the fulfillment of a condition of fact, the question whether the condition
has been fulfilled is ordinarily for the military judge to determine in
accordance with the provisions of Section 400.600(e).
2) As in the case of other issues of fact,
when an issue is raised, the issue for the trier of fact to determine is:
A) whether the asserted writing ever
existed;
B) whether another
writing, recording or photograph produced at trial is the original;
or
C) whether other evidence of
contents correctly reflects the contents. (Il. Mil. R. Evid. 1008)