, 35800-35801 [X15-180622]

Download as PDF 35800 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents (8) Sealed exhibits and proceedings. The preliminary hearing officer has the authority to order exhibits, proceedings, or other matters sealed as described in R.C.M. 1103A. G) Report ofpreliminary hearing. (1) In general. The preliminary hearing officer shall make a timely >vritten report of the preliminary hearing to the convening authority who directed the preliminary hearing. (2) Contents. The repon of preliminary hearing shall include: (A) A statement of names and organizations or addresses of defense counsel and whether defense counsel was present throughout the taking of evidence, or, if not present, the reason why; (B) The substance of the testimony taken on both sides; (C) Any other statements, documents, or matters considered by the preliminary hearing officer, or recitals of the substance or nature of such evidence; (D) A statement that an essential witness may not be available for trial; (E) An explanation of any delays in the preliminary hearing; (F) A notation if counsel for the government failed to issue a subpoena duces tecum that was directed by the preliminary hearing officer; (G) The preliminary hearing officer's determination as to whether there is probable cause to believe the offense(s) listed on the charge sheet or otherwise considered at the preliminary hearing occurred; (H) The preliminary hearing officer's determination as to whether there is probable cause to believe the accused committed the offense(s) listed on the charge sheet or otherwise considered at the preliminary hearing; (I) The prel}minary hearing officer's det~ination as to whether a co~rt-martial has VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00020 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.040</GPH> tkelley on DSK3SPTVN1PROD with E0 jurisdiction over the offense(s) and the accused; Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents 35801 (J) The preliminary hearing officer's determination as to whether the charge(s) and specification(s) are in proper form; and (K) The preliminary hearing officer's recommendations regarding disposition of the charge(s). (3) Sealed exhibits and proceedings. If the report of preliminary hearing contains exhibits, proceedings, or other matters ordered sealed by the preliminary hearing officer in accordance with R.C.M. 11 03A, counsel for the government shall cause such materials to be sealed so as to prevent unauthorized viewing or disclosure. . ( 4) Distribution of the report. The preliminary hearing officer shall cause the report to be delivered to the convening authority who directed the preliminary hearing. That convening authority shall promptly cause a copy of the report to be delivered to each accused. (5) Objections. Any objection to-the report shall be made to the convening authority who directed the preliminary hearing, via the preliminary hearing officer. Upon receipt of the report, the accused has 5 days to submit objections to the preliminary hearing officer. The preliminary hearing officer will forward the objections to the convening authority as soon as practicable. This subsection does not prohibit a convening authority from referring the cha:rge(s) or taking other action within the 5-day period. . . (k) Waiver. The accused may waive a preliminary hearing under this rule. However, the convening authority authorized to direct the preliminary hearing may direct that it be conducted notwithstanding the waiver. Failure to make a timely objection under this rule, including an objection to the report, shall constitUte waiver of the objection. Relief fr:om the waiver may be granted by the convening authority who directed the preliminary hearing, a superior convening VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00021 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.041</GPH> tkelley on DSK3SPTVN1PROD with E0 authority, or the military judge, as appropriate, for good cause shown."

Agencies

[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35800-35801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-180622]


[GRAPHIC] [TIFF OMITTED] TD22JN15.040


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