Investigating Collateral Sources of Evidence When M.R.E. 513 or M.R.E. 514 Is Implicated

Independent Military Defense Investigations

Supporting Attorneys, Service Members, and Families

Publication Date: August 31, 2026

────────────────────────────────────────

Executive Summary

When privileged material may contain a disputed fact, the first investigative question is often whether that same fact can be tested through a lawful, independent source.

A timeline, location, communication, or observed event may appear in counseling or victim-advocate records, but privileged material is not necessarily the only source. Duty logs, messages, receipts, access records, photographs, and neutral witnesses may independently confirm, contradict, or narrow the same factual proposition.

This Authority Publication provides a practical method for defining the fact at issue, mapping potential custodians, preserving original material, documenting lawful access, and reporting the limits of each source while counsel addresses privilege, production, and admissibility.

Read the complete publication to understand how a defense team can develop relevant evidence responsibly without treating privileged communications as the automatic starting point.

Who Should Read This Publication?

Military Defense Counsel

Use this guide to separate the factual proposition from the privileged communication and assign lawful collateral-source development while retaining control over privilege, production, notice, sealing, and admissibility questions.

Defense Investigators

Learn how to identify independent records and witnesses, document custody and retention risks, and avoid seeking privileged content outside counsel’s defined scope or lawful process.

Service Members

Understand why ordinary records—messages, receipts, duty logs, access records, or neutral witnesses—may help establish a disputed fact without obtaining confidential counseling or advocate communications.

Experts

Evaluate only the defined technical or factual question supported by materials lawfully provided through counsel. Clearly separate source limitations, assumptions, and conclusions.

Families

Learn how to preserve records already lawfully available and provide them to counsel without attempting to obtain, pressure for, or circulate another person’s confidential communications.

Download the Official Authority Publication (PDF)

Companion Video

This companion video expands on the investigative concepts presented in this Authority Publication through additional explanation, practical examples, and professional investigative insight.

About Michael West

The investigative guidance presented throughout these Authority Publications is based upon decades of professional experience conducting military, federal, criminal, civil, and private investigations. The principles discussed in these publications are drawn from real investigative work involving complex cases, witness development, evidence analysis, and factual case preparation.

Michael West has served as a Special Agent with the United States Air Force Office of Special Investigations (AFOSI) and the Department of Defense Inspector General, conducted federal background investigations, and spent decades working as a licensed private investigator supporting attorneys, businesses, service members, and private clients. Throughout his career, his work has focused on identifying facts, locating witnesses, analyzing evidence, and strengthening the factual foundation of legal cases through independent investigation.

The Military Defense Investigation Knowledge Base was created to share that investigative experience in a practical, understandable format. Its purpose is to help attorneys, service members, and families better understand the investigative process, ask more informed questions, and recognize opportunities where independent investigation may strengthen the defense.

Important Information

This Authority Publication is provided for educational and informational purposes and is intended to help readers better understand military defense investigations and the investigative process. It is based upon professional investigative experience and is designed to provide practical investigative insight rather than legal advice.

Every military case is unique. The investigative strategies, factual issues, and legal considerations applicable to one case may not apply to another. Readers should consult with a qualified attorney regarding legal rights, legal strategy, and decisions involving their individual circumstances.

Nothing contained in this publication should be interpreted as creating an attorney-client relationship or an investigator-client relationship. References to investigative techniques, procedures, or case examples are provided solely to illustrate investigative principles and should not be considered legal guidance.

Effective military defense is strengthened by informed legal representation supported by thorough factual investigation. The purpose of these Authority Publications is to help readers better understand that investigative process so they can communicate more effectively with qualified legal counsel and make informed decisions throughout the military justice process.