, 35802-35803 [X15-200622]

Download as PDF 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: Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents 35803 "(A) Upon receipt of a request for a deposition, the convening authority or military judge shall determine whether the requesting party has shown, by a preponderance of_ the evidence, that due to exceptional circuni.stances and in the interest of justice, the testimony of the prospective witness must be taken and preserved for use at a preliminary hearing under Article 32 or court-martial." (p) R.C.M. 702(d)(l) is amended to read as follows: "(1) Detail of deposition officer. When a request for a deposition is approved, the convening authority shall detail a judge advocate certified under Article 27(b) to serve as deposition officer. When the appointment of a judge advocate as deposition officer is not practicable, the convening authority may detail an impartial commissioned officer or appropriate civil officer authorized to administer oaths, not the accuser, to serve as deposition officer. If the deposition officer is not a judge advocate, .an impartial judge advocate certified under Article 27(b) shall be made available to provide legal advice to the deposition officer." (q) R.C.M. 703(e)(2)(B) is amended to read as follows: "(B) Contents. A subpoena shall state the command by which the proceeding is directed, and the title, if any, of the proceeding. A subpoena shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. A subpoena may also command the person to whom it is directed to produce books, papers, documents, data, or other objects or electronically stored information designated therein at the proceeding or at an earlier time for inspection by the parties. A subpoena issued for a preliminary hearing pursuant to Article 32 shall not command any person to attend or give testimony at an Article 32 preliminary hearing." VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00023 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.043</GPH> tkelley on DSK3SPTVN1PROD with E0 (r) R.C.M. 703(e)(2)(C) is amended to read as follows:

Agencies

[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35802-35803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-200622]


[GRAPHIC] [TIFF OMITTED] TD22JN15.042


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