, 35795-35796 [X15-130622]

Download as PDF Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents 35795 The preliminary hearing officer shall detennine whether the evidence is relevant, not cunmlative, and necessary based on the limited scope and purpose of the hearing. If the preliminary hearing officer determines that the evidence shall be produced, counsel for the government shall make reasonable efforts to obtain the evidence. (B) Evidence not under the control of the government. (i) Evidence not under the control of the government may be obtained through noncompulsory means or by subpoenas duces tecum issued by counsel for the government in accordance with the process established by R.C.M. 703. (ii) Prior to the preliminary hearing, defense counsel shall provide to counsel for the government a list of evidence not under the control of the government that the accused requests the government obtain. The preliminary hearing officer may set a deadline by which defense requests must be received. Counsel for the government shall respond that either: (1) the government agrees that the evidence is relevant, not cumulative, and necessary for the limited scope and purpose of the prelimiriary hearing and shall issue subpoenas duces tecum for the evidence; or (2) the goverinnent objects to production of the evidence on the grounds that the evidence would be irrelevant, cumulative, or unnecessary based on the limited scope and purp0se of the preliminary hearing. (iii) If the government objects to production of the evidence, defense counsel may request that the preliminary hearing officer determine whether the evidence should be produced. If the. preliminary hearing officer .detelmines that the evidence is relevant, not cumulative, and necessary based on the limited scope and purpose of the preliminary hearing and that the issuance of subpoenas duces tecum would not cause undue delay to the preliminary hearing, the VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00015 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.035</GPH> tkelley on DSK3SPTVN1PROD with E0 preliminary hearing officer shall direct counsel for the government to issue subpoenas duces 35796 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents tecum for the defense-requested evidence. The preliminary hearing officer shall note in the report of preliminary hearing any failure on the part of counsel for the governrnent.to issue subpoenas duces tecum directed by the preliminary hearing officer. (h) 1v!ilitary Rules of Evidence. The Military Rules of Evidence do not apply in preliminary hearings under this rule except as follows: (1) Mil. R. Evid. 301-303 and 305 shall apply in their entirety. (2) Mil. R. Evid. 412 shall apply in any case that includes a charge defined as a sexual offense in Mil. R. Evid. 412(d), except that Mil. R. Evid. 412(b)(l)(C) shall not apply. (3) Mil. R. Evid., Section V, Privileges, shall apply, except that Mil. R. Evid. 505(f)-(h) and G); 506(f)-(h), (j), (k), and (rn); and 514(d)(6) shall not apply. (4) In applying these rules to a preliminary hearing, the term "military judge," as used in these rules, shall mean the preliminary hearing officer, who shall assume the military judge's authority to exclude evidence from the preliminary hearing, and who shall, in discharging this duty, follow the procedures set forth in the rules cited in subsections (h)(l)-(3) of this rule. However, theĀ· preliminary hearing officer is not authorized to order production of communications covered by Mil. R. Evid. 513 and 5J4. (5) Failure to meet the procedural requirements of the applicable rules of evidence shall result in exclusion of that evidence from the preliminary hearing, unless good cause is shown. (i) Procedure. (l) Generally. The preliminary hearing shall begin with the preliminary hearing officer informing the accused of the accused's rights under subsection (f) of this rule. Counsel for the government will then present evidence. Upon the conclusion of counsel for the government's VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00016 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.036</GPH> tkelley on DSK3SPTVN1PROD with E0 presentation of evidence, defense counsel may present matters in defense and mitigation

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[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35795-35796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-130622]


[GRAPHIC] [TIFF OMITTED] TD22JN15.035


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