, 35792-35793 [X15-100622]

Download as PDF 35792 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents (D) Be informed of the right against self-incrimination under A.rticle 31; (E) Except in the circumstances described in R.C.M. 804(c)(2), be present throughout the taking of evidence; (F) Cross-examine witnesses on matters relevant to tb.e limited scope and purpose of the preliminary hearing; (G) Present matters in defense and mitigation relevant to the limited scope and purpose of the preliminary hearing; and (H) Make a statement relevant to the limited scope and purpose of the preliminary hearing. (g) Production of Witnesses and Other Evidence. (1) Military Witnesses. (A) Prior to the preliminary hearing, defense counsel shall provide to counsel for the government the names of proposed military witnesses whom the accused requests that the government produce to testifY at the preliminary hearing, and the requested form of the testimony, in accordance with the timeline established by the preliminary hearing officer. Counsel for the government shall respond that either: (1) the government agrees that the witness's testimony is relevant, not cumulative, and necessary for the limited scope and purpose of the preliminary hearing and will seek to secure the witness's testimony for the hearing; or (2) the government objects to the proposed defe~se witness on the grounds that the testimony would be irrelevant, cumulative, or unnecessary based on the limited scope and purpose of the preliminary hearing. (B) If the government objects to the proposed defense witness, defense counsel may request that the preliminary hearing officer determine whether the witness is relevant, not VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00012 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.032</GPH> tkelley on DSK3SPTVN1PROD with E0 cumulative, and necessary based on the limited scope and purpose of the preliminary hearing. Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents 35793 (C) If the government does not object to the proposed defense military witness or the preliminary hearing officer determines that the military witness is relevant, not cumulative, and necessary, counsel for the government shall request that the commanding officer of the proposed military witness make that person available to provide testimony. The commanding officer shall determine whether the individual is available based on operational necessity or mission requirements, except that a victim, as defined in this rule, who declines to testify shall be deemed to be not available. If the commanding officer determines that the military witness is available, counsel for the government shall make arrangements for that individual's testimony. The commanding officer's determination of unavailability due to operational necessity or mission requirements is. final. If there is a dispute among the parties, the military witness's commanding officer shall determine whether the witness testifies in person, by video teleconference, by telephone, or by similar means of remote testimony. (2) Civilian Witnesses. (A) Defense counsel shall provide to counsel for the government the names of proposed civilian witnesses whom the accused requ~sts that the government produce to testify at the preliminary hearing, and the requested form of the testimony, in accordance with the timeline established by the preliminary hearing officer. Counsel for the government shall respond that either: (1) the government agrees that the witness's testimony is relevant, not cumulative, and necessary for the limited scope and purpose of the preliminary hearing and will seek to secure the \vitness's testimony for the hearing; or (2) the government objects to the proposed defense . witness on the grounds that the testimony would be irrelevant, cumulative, or unnecessary based . VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00013 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.033</GPH> tkelley on DSK3SPTVN1PROD with E0 on the limited scope and purpose of the preliminary hearing.

Agencies

[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35792-35793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-100622]


[GRAPHIC] [TIFF OMITTED] TD22JN15.032


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