N.Y. Comp. Codes R. & Regs. tit. 9 § 517.10

Current through Register Vol. 46, No. 25, June 18, 2024

Section 517.10 - Contents of writings, recordings, and photographs

(a) Definitions. For purposes of this section the following definitions are applicable:

(1) Writings and recordings consist of letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation.

(2) Photographs include still photographs, X-ray films, video tapes, and motion pictures.

(3) An original of a writing or recording is 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 therefrom. 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".

(4) A duplicate is 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 recording, or by chemical reproduction, or by other equivalent techniques which accurately reproduce the original.

(b) Requirement of an original. To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in the rules, this Chapter, or by Act of Congress.

(c) 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.

(d) Admissibility of other evidence of contents. 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) Originals not obtainable. No original can be obtained by any available judicial process or procedure.

(3) Originals not obtainable. 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.

(4) Collateral matters. The writing, recording, or photograph is not closely related to a controlling issue.

(e) Public records. 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 Mil. R. Evid. 902 or testified to be correct by a witness who has compared it with the original. If a copy which complies with the foregoing cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given.

(f) Summaries. The contents of voluminous writings, records, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. 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.

(g) Testimony on written admission of party. Contents of writings, recordings, or photo graphs 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.

(h) Functions of military judge and members. When the admissibility of other evidence of contents of writings, recordings, or photographs under these rules 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 Mil. R. Evid. 104. However, when an issue is raised:

(1) whether the asserted writing ever existed; or

(2) whether another writing, recording, or photograph produced at trial is the original; or

(3) whether other evidence of contents correctly reflects the contents, the issue is for the trier of fact to determine as in the case of other issues of fact.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 517.10