Ill. Admin. Code tit. 95 § 400.730

Current through Register Vol. 48, No. 49, December 6, 2024

Section 400.730 - Documentary Evidence

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)

Ill. Admin. Code tit. 95, § 400.730

Adopted at 41 Ill. Reg. 11931, effective 9/14/2017.