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

inadmissible except that a conviction by summary
court-martial or special court-martial without a military
judge may not be used for purposes of impeachment
until review has been completed pursuant to
Article 64 or Article 66 if applicable. Evidence of
the pendency of an appeal is admissible.
(f) Definition. For purposes of this rule, there is a
“conviction” in a court-martial case when a sentence
has been adjudged.
Rule 610. Religious beliefs or opinions
Evidence of the beliefs or opinions of a witness
on matters of religion is not admissible for the purpose
of showing that by reason of their nature the
credibility of the witness is impaired or enhanced.
Rule 611. Mode and order of interrogation
and presentation
(a) Control by the military judge. The military judge
shall exercise reasonable control over the mode and
order of interrogating witnesses and presenting evidence
so as to (1) make the interrogation and presentation
effective for the ascertainment of the truth,
(2) avoid needless consumption of time, and (3)
p r o t e c t w i t n e s s e s f r o m h a r a s s m e n t o r u n d u e
embarrassment.
(b) Scope of cross-examination. Cross-examination
should be limited to the subject matter of the direct
examination and matters affecting the credibility of
the witness. The military judge may, in the exercise
of discretion, permit inquiry into additional matters
as if on direct examination.
(c) Leading questions. Leading questions should not
be used on the direct examination of a witness except
as may be necessary to develop the testimony
of the witness. Ordinarily leading questions should
be permitted on cross-examination. When a party
calls a hostile witness or a witness identified with an
a d v e r s e p a r t y , i n t e r r o g a t i o n m a y b e b y l e a d i n g
questions.
(d) Remote live testimony of a child.
(1) In a case involving abuse of a child or domestic
violence, the military judge shall, subject to the
requirements of subsection (3) of this rule, allow a
child victim or witness to testify from an area outside
the courtroom as prescribed in R.C.M. 914A.
( 2 ) T h e t e r m “ c h i l d ” m e a n s a p e r s o n w h o i s
under the age of 16 at the time of his or her testimo-
M.R.E. 612(2)
ny. The term “abuse of a child” means the physical
or mental injury, sexual abuse or exploitation, or
n e g l i g e n t t r e a t m e n t o f a c h i l d . T h e t e r m
“ e x p l o i t a t i o n ” m e a n s c h i l d p o r n o g r a p h y o r c h i l d
prostitution. The term “negligent treatment” means
the failure to provide, for reasons other than poverty,
adequate food, clothing, shelter, or medical care so
as to endanger seriously the physical health of the
child. The term “domestic violence” means an offense
that has as an element the use, attempted use,
or threatened use of physical force against a person
and is committed by a current or former spouse,
parent, or guardian of the victim; by a person with
whom the victim shares a child in common; by a
person who is cohabiting with or has cohabited with
the victim as a spouse, parent, or guardian; or by a
p e r s o n s i m i l a r l y s i t u a t e d t o a s p o u s e , p a r e n t , o r
guardian of the victim.
( 3 ) R e m o t e l i v e t e s t i m o n y w i l l b e u s e d o n l y
where the military judge makes a finding on the
record that a child is unable to testify in open court
in the presence of the accused, for any of the following
reasons:
(A) The child is unable to testify because of
fear;
(B) There is substantial likelihood, established
b y e x p e r t t e s t i m o n y , t h a t t h e c h i l d w o u l d s u f f e r
emotional trauma from testifying;
(C) The child suffers from a mental or other
infirmity; or
(D) Conduct by an accused or defense counsel
causes thechild to be unable to continue testifying.
(4) Remote live testimony of a child shall not be
utilized where the accused elects to absent himself
f r o m t h e c o u r t r o o m i n a c c o r d a n c e w i t h R . C . M .
804(c).
Rule 612. Writing used to refresh memory
If a witness uses a writing to refresh his or her
memory for the purpose of testifying, either
(1) while testifying, or
( 2 ) b e f o r e t e s t i f y i n g , i f t h e m i l i t a r y j u d g e d e t e r -
mines it is necessary in the interests of justice, an
adverse party is entitled to have the writing produced
at the hearing, to inspect it, to cross-examine
the witness thereon, and to introduce in evidence
those portions which relate to the testimony of the
witness. If it is claimed that the writing contains
privileged information or matters not related to the
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