, 35791-35792 [X15-90622]

Download as PDF Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents 35791 otherwise afford the accused the same opportunity for representation, cross examination, and presentation afforded during the preliminary hearing of any charged offense. (f) Rights of the accused. (1) Prior to any preliminary hearing under this rule the accused shall have the right to: (A) Notice of any witnesses that the government intends to call at the prelimimrry hearing and copies of or access to any written or recorded statements made by those witnesses that relate to the subject matter of any charged offense; (i) For purposes of this rule, a "written statement" is one that is signed or otherwise adopted or approved by the witness that is within the possession or control of counsel for the government; and (ii) For purposes of this rule, a "recorded statement" is an oral statement made by the witness that is recorded contemporaneously with the making of the oral statement and contained in a digital or other recording or a transcription thereof that is within the possession or control of counsel for the government. (B) Notice of, and reasonable access to, any other evidence that the government intends to offer at the preliminary hearing; and (C) Notice of, and reasonable access to, evidence that is within the possession or control of counsel for the government that negates or reduces the degree of guilt of the accused for an offense charged. (2) At any preliminary' hearing under this rule the accused shall have the right to: (A) Be advised of the charges under consideration; (B) Be represented by counsel; VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00011 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.031</GPH> tkelley on DSK3SPTVN1PROD with E0 (C) Be informed of the purpose of the preliminary hearing; 35792 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents (D) Be informed of the right against self-incrimination under A.rticle 31; (E) Except in the circumstances described in R.C.M. 804(c)(2), be present throughout the taking of evidence; (F) Cross-examine witnesses on matters relevant to tb.e limited scope and purpose of the preliminary hearing; (G) Present matters in defense and mitigation relevant to the limited scope and purpose of the preliminary hearing; and (H) Make a statement relevant to the limited scope and purpose of the preliminary hearing. (g) Production of Witnesses and Other Evidence. (1) Military Witnesses. (A) Prior to the preliminary hearing, defense counsel shall provide to counsel for the government the names of proposed military witnesses whom the accused requests that the government produce to testifY at the preliminary hearing, and the requested form of the testimony, in accordance with the timeline established by the preliminary hearing officer. Counsel for the government shall respond that either: (1) the government agrees that the witness's testimony is relevant, not cumulative, and necessary for the limited scope and purpose of the preliminary hearing and will seek to secure the witness's testimony for the hearing; or (2) the government objects to the proposed defe~se witness on the grounds that the testimony would be irrelevant, cumulative, or unnecessary based on the limited scope and purpose of the preliminary hearing. (B) If the government objects to the proposed defense witness, defense counsel may request that the preliminary hearing officer determine whether the witness is relevant, not VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00012 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.032</GPH> tkelley on DSK3SPTVN1PROD with E0 cumulative, and necessary based on the limited scope and purpose of the preliminary hearing.

Agencies

[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35791-35792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-90622]


[GRAPHIC] [TIFF OMITTED] TD22JN15.031


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