, 35796-35797 [X15-140622]

Download as PDF 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 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents 35797 consistent with subsection (f) of this rule. For the purposes of this rule, "matters in mitigation;' are defined as matters that may serve to explain the circumstances surrounding a charged offense. Both counsel for the government and defense shall be afforded an opportunity to crossexamine adverse witnesses. The preliminary hearing officer may also question witnesses called by the parties. If the preliminary hearing officer determines that additional evidence is necessary to satisfy the requirements of subsection (e) of this rule, the preliminary hearing officer may provide the parties an oppo~ity to present additional testimony or evidence relevant to the limited scope and purpose of the preliminary hearing. The preliminary hearing officer shall not consider evidence not presented at the preliminary hearing: The preliminary hearing officer shall not call witnesses sua sponte. (2) Notice to and presence of the victim(s). (A) The victim(s) of an offense under the UCMJ has the right to reasonable, accurate, and timely notice of a preliminary hearing relating to the alleged offense and the reasonable right to confer with counsel for the governmerit. For the purposes of this rule, a "victim" is a person who is alleged to 'have suffered a direct physical, emotional, or pecuniary harm as a result of the matters set forth in a charge or specification under consideration and is named in oneĀ· of the specifications under consideration. (B) A victim of an offense under consideration at the preliminary hearing is not required to testify at the preliminary hearing. (C) A victim has the right not to be excluded from any portion of a preliminary hearing . related to the alleged offense, unless the preliminary hearing officer, after receiving clear and convincing evidence, determines the testimony by the victim would be materially altered if the VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00017 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.037</GPH> tkelley on DSK3SPTVN1PROD with E0 victim heard other testimony at the proceeding.

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[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35796-35797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-140622]


[GRAPHIC] [TIFF OMITTED] TD22JN15.036


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