Section X · Contents of Writings, Recordings, and Photographs

Rule 1008. Functions of the military judge and the members

2024 Manual for Courts-Martial, United States

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Ordinarily, the military judge determines whether the proponent has fulfilled the factual conditions for admitting other evidence of the content of a writing, recording, or photograph under Mil. R. Evid. 1004 or 1005. When a court-martial is composed of a military judge and members, the members determine - in accordance with Mil. R. Evid. 104(b) - any issue about whether:
(a) an asserted writing, recording, or photograph ever existed;
(b) another one produced at the trial or hearing is the original; or
(c) other evidence of content accurately reflects the content.
Cross-referencesCites 3
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No other provision on this site cites Rule 1008.

Rule 1008 cites

Provisions named in the text of Rule 1008. Where the cited provision is on this site, the link opens it.