, 35801-35802 [X15-190622]

Download as PDF 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." 35802 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents (1) R.C.M. 601(g) is inserted immediately after R.C.M. 60l(f) and reads as follows: . "(g) Parallel convening authorities. If it is impracticable for the original convening authority to continue exercising authority over the charges, the convening authority may cause the charges, even if referred, to be transmitted to a parallel convening authority. This transmittal must be in writing and in accordance with such regulations as the Secretary concerned may prescribe. Subsequent actions taken by the parallel convening authority are within the sole discretion of that convening authority." (m) R.C.M. 702(a) is amended to read as follows: "(a) In general. A deposition may be ordered whenever, after preferral of charges, due to exceptional circumstances of the case it is in the interest of justice that the testimony of a prospective witness be taken and preserved for use at a preliminary hearing under Article 32 or a court-martial. A victim's declination to testify at a preliminary hearing or a victim's declination to submit to pretrial intervie~vs shall not, by themselves, be considered exceptional circumstances. In accordance with subsection (b) of this rule, the convening authority or military judge may order a deposition of a victim only if it is determined, by a preponderance of the evidence, that the victim will not be available to testify at court-martial." (n) R.C.M. 702(c)(2) is amended to read as follows: "(2) Contents of request. A request for a deposition shall include: (A) The name and address of the person whose deposition is requested, or, if the name of the person is unknown, a description of the office or position of the person; (B) A statement of the matters on which the person is to be examined; and (C) Whether an oral or written deposition is requested." VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00022 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.042</GPH> tkelley on DSK3SPTVN1PROD with E0 (o) R.C.M. 702(c)(3)(A) is amended to read as follows:

Agencies

[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35801-35802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-190622]


[GRAPHIC] [TIFF OMITTED] TD22JN15.041


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