RCM Flashcards
Rule 1004.
Admissibility of other evidence of content
An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if:
(a) Originals lost or destroyed. All the originals are lost
or destroyed, and not by the proponent acting in bad
faith;
(b) Original not obtainable. An original cannot be
obtained by any available judicial process;
(c) Original in possession of opponent. The party
against whom the original would be offered had control
of the original; was at that time put on notice, by
pleadings or otherwise, that the original would be a
subject of proof at the trial or hearing; and fails to
produce it at the trial or hearing; or
(d) Collateral matters. The writing, recording, or
photograph is not closely related to a controlling issue.
Rule 1103.
Deferment of confinement, forfeitures, and reduction in grade; waiver of Article 58b forfeitures
Rule 1104.
Post-trial motions and proceedings
Rule 1111.
Entry of judgment
purpose of Entry of judgment
The judgment reflects the result of the court-martial, as modified by any post-trial actions, rulings, or orders. The entry of judgment terminates the trial proceedings and initiates the appellate process.
Rule 1112
Certification of record of trial; general and special courts-martial
Rule 1203.
Review by a Court of Criminal Appeals
Rule 1206
Powers and responsibilities of the Secretary
Rule 307
Preferral of charges
Who may prefer charges
Any person subject to the UCMJ may prefer charges.
Rule 704
Immunity
Types of immunity
Two types of immunity may be granted under this rule.
Transactional immunity
Testimonial immunity
Transactional immunity.
A person may be granted transactional immunity from trial by court martial for one or more offenses under the UCMJ.
Testimonial immunity
A person may be granted immunity from the use of testimony, statements, and any information directly or indirectly derived from such testimony or statements by that person in a later court-martial.
Rule 802.
rule against hearsay
