2008 edition - Fort Sam Houston - U.S. Army

(5) Reopening case. The military judge may, as a
matter of discretion, permit a party to reopen its case
after it has rested.
Rule 914. Production of statements of
witnesses
( a ) M o t i o n f o r p r o d u c t i o n . A f t e r a w i t n e s s o t h e r
than the accused has testified on direct examination,
the military judge, on motion of a party who did not
call the witness, shall order the party who called the
witness to produce, for examination and use by the
moving party, any statement of the witness that relates
to the subject matter concerning which the witness
has testified, and that is:
(1) In the case of a witness called by the trial
counsel, in the possession of the United States; or
(2) In the case of a witness called by the defense,
in the possession of the accused or defense counsel.
Discussion
See also R.C.M. 701 (Discovery).
Counsel should anticipate legitimate demands for statements
under this and similar rules and avoid delays in the proceedings
by voluntary disclosure before arraignment.
This rule does not apply to investigations under Article 32.
As to procedures for certain government information as to
which a privilege is asserted, see Mil. R. Evid. 505; 506.
(b) Production of entire statement. If the entire contents
of the statement relate to the subject matter
concerning which the witness has testified, the military
judge shall order that the statement be delivered
to the moving party.
( c ) P r o d u c t i o n o f e x c i s e d s t a t e m e n t . I f t h e p a r t y
who called the witness claims that the statement
contains matter that does not relate to the subject
matter concerning which the witness has testified,
the military judge shall order that it be delivered to
t h e m i l i t a r y j u d g e . U p o n i n s p e c t i o n , t h e m i l i t a r y
judge shall excise the portions of the statement that
do not relate to the subject matter concerning which
the witness has testified, and shall order that the
statement, with such material excised, be delivered
to the moving party. Any portion of a statement that
is withheld from an accused over objection shall be
preserved by the trial counsel, and, in the event of a
conviction, shall be made available to the reviewing
authorities for the purpose of determining the cor-
R.C.M. 914A(a)(3)
rectness of the decision to excise the portion of the
statement.
(d) Recess for examination of the statement. Upon
delivery of the statement to the moving party, the
military judge may recess the trial for the examination
of the statement and preparation for its use in
the trial.
(e) Remedy for failure to produce statement. If the
other party elects not to comply with an order to
deliver a statement to the moving party, the military
judge shall order that the testimony of the witness be
disregarded by the trier of fact and that the trial
proceed, or, if it is the trial counsel who elects not to
comply, shall declare a mistrial if required in the
interest of justice.
(f) Definition. As used in this rule, a “statement” of
a witness means:
(1) A written statement made by the witness that
is signed or otherwise adopted or approved by the
witness;
( 2 ) A s u b s t a n t i a l l y v e r b a t i m r e c i t a l o f a n o r a l
statement made by the witness that is recorded contemporaneously
with the making of the oral statement
and contained in a stenolineart, mechanical,
electrical, or other recording or a transcription thereof;
or
(3) A statement, however taken or recorded, or a
transcription thereof, made by the witness to a Federal
grand jury.
Rule 914A. Use of remote live testimony of a
child
(a) General procedures. A child shall be allowed to
testify out of the presence of the accused after the
military judge has determined that the requirements
of Mil. R. Evid. 611(d)(3) have been satisfied. The
procedure used to take such testimony will be determined
by the military judge based upon the exigencies
of the situation. At a minimum, the following
procedures shall be observed:
(1) The witness shall testify from a remote location
outside the courtroom;
(2) Attendance at the remote location shall be
limited to the child, counsel for each side (not including
an accused pro se), equipment operators, and
other persons, such as an attendant for the child,
whose presence is deemed necessary by the military
judge;
( 3 ) S u f f i c i e n t m o n i t o r s s h a l l b e p l a c e d i n t h e
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