, 35804-35805 [X15-220622]

Download as PDF 35804 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents '~(C) Who may issue. ( 1) A subpoena to secure evidence may be issued by: (a) The summa.')' court-martial; (b) At an Article 32 preliminary hearing, detailed counsel for the government; (c) After referral to a court-martial, detailed trial counsel; (d) The president of a court of inquiry; or (e) An officer detailed to take a deposition." (s) R.C.M. 703(t)(4)(B) is amended to read as follows: "(B) Evidence not under the control of the government. Evidence not under the control of the government may be obtained by a subpoena issued in accordance with subsection (e)(2) of this rule. A subpoena duces tecum to produce books, papers, documents, data, or other objects or electronically stored information for a preliminary hearing pursuant to Article 32 may be issued, following the convening authority's order directing such preliminary hearing, by counsel for the government. A person in receipt of a subpoena duces tecum for an Article 32 hearing need not personally appear in order to comply with the subpoena." (t) R.C.M. 801(a)(6) i~ inserted after R.C.M. 80l(a)(5) and reads as follows: "(6) In the case of a victim of.an offense under the UCMJ who is under 18 years of age and not a member of the armed forces~ or who is incompetent, incapacitated, or deceased, designate in writing a family member, a representative of the estate of the victim, or another suitable individual to assume the victim's rights under the UCMJ. (A) For the purposes of this 'rule, the individual is designated for the sole purpose of assuming the legal rights of the victim as they pertain to the vic.tim's status as a victim of any VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00024 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.044</GPH> tkelley on DSK3SPTVN1PROD with E0 offense(s) properly before the court. Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents 35805 (B) Procedure to determine appointment of designee. (i) As soon as practicable, trial counsel shall notify the military judge, counsel for the accused, and the victim(s) of any offense(s) properly before the court when there is an apparent requirement to appoint a designee under this rule. (ii) The military judge will determine if the appointment of a designee is required under this rule. (iii) At the discretion of the military judge, victim(s), trial counsel, and the accused may be given the opportunity to recommend to the military judge individual(s) for appointment. (iv) The military judge is not required to hold a hearing before determining whether a designation is required or making such an appointment under this rule. (v) If the military judge determines a hearing pursuant to Article 39(a), UCMJ, is necessary, the following shall be notified of the hearing and afforded the right to be present at the hearing: trial counsel, accused, and the victim(s). (vi) The individual designated shall not be the accused. (C) At any time after appointment, a designee shall be excused upon request by the designee or a finding of good cause by the military judge. (D) If the individual appointed to assume the victim's rights is excused, the military judge shall appoint a successor consistent with this rule." (u) A new R.C.M. 806(b)(2) is inserted immediately after R.C.M. 806(b)(l) and reads as follows: "(2) Right of victim to attend. A victim of an alleged offense committed by the accused may not be excluded from a court-martial relating to the offense unless the military judge, after VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00025 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.045</GPH> tkelley on DSK3SPTVN1PROD with E0 receiving clear and convincing evidence, determines that testimony by the victim would be

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[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35804-35805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-220622]


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