Rules for Courts-Martial

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Chapter I · General Provisions 9
R.C.M. 101. Scope, title
R.C.M. 102. Purpose and construction
R.C.M. 103. Definitions and rules of construction
R.C.M. 104. Command influence
R.C.M. 105. Direct communications: convening authorities and staff judge advocates; among staff judge advocates; with special trial counsel
R.C.M. 106. Delivery of military offenders to civilian authorities
R.C.M. 107. Dismissed officer’s right to request trial by court-martial
R.C.M. 108. Rules of court
R.C.M. 109. Professional supervision of military judges and counsel
Chapter II · Jurisdiction 4
R.C.M. 201. Jurisdiction in general
R.C.M. 202. Persons subject to the jurisdiction of courts-martial
R.C.M. 203. Jurisdiction over the offense
R.C.M. 204. Jurisdiction over certain reserve component personnel
Chapter III · Initiation of Charges; Apprehension; Pretrial Restraint; Related Matters 11
R.C.M. 301. Report of offense
R.C.M. 302. Apprehension
R.C.M. 303. Preliminary inquiry into reported offenses
R.C.M. 303A. Determination by special trial counsel to exercise authority
R.C.M. 304. Pretrial restraint
R.C.M. 305. Pretrial confinement
R.C.M. 306. Initial disposition of offenses over which special trial counsel does not exercise authority
R.C.M. 306A. Initial disposition of offenses over which a special trial counsel exercises authority
R.C.M. 307. Preferral of charges
R.C.M. 308. Notification to accused of charges and required disclosures
R.C.M. 309. Pre-referral judicial proceedings
Chapter IV · Forwarding and Disposition of Charges 8
R.C.M. 401. Forwarding and disposition of charges in general
R.C.M. 401A. Disposition of charges over which a special trial counsel exercises authority and has not deferred
R.C.M. 402. Action by commander not authorized to convene courts-martial
R.C.M. 403. Action by commander exercising summary court-martial jurisdiction
R.C.M. 404. Action by commander exercising special court-martial jurisdiction
R.C.M. 405. Preliminary hearing
R.C.M. 406. Pretrial advice and special trial counsel determinations
R.C.M. 407. Action by commander exercising general court-martial jurisdiction
Chapter V · Court-Martial Composition and Personnel; Convening Courts-Martial 6
R.C.M. 501. Composition and personnel of courts-martial
R.C.M. 502. Qualifications and duties of personnel of courts-martial
R.C.M. 503. Detailing members, military judge, and counsel, and designating military magistrates
R.C.M. 504. Convening courts-martial
R.C.M. 505. Changes of members, military judge, and counsel
R.C.M. 506. Accused’s rights to counsel
Chapter VI · Referral, Service, Amendment, and Withdrawal of Charges 4
R.C.M. 601. Referral
R.C.M. 602. Service of charges
R.C.M. 603. Changes to charges and specifications
R.C.M. 604. Withdrawal of charges
Chapter VII · Pretrial Matters 8
R.C.M. 701. Discovery
R.C.M. 702. Depositions
R.C.M. 703. Production of witnesses and evidence
R.C.M. 703A. Warrant or order for wire or electronic communications
R.C.M. 704. Immunity
R.C.M. 705. Plea agreements
R.C.M. 706. Inquiry into the mental capacity or mental responsibility of the accused
R.C.M. 707. Speedy trial
Chapter VIII · Trial Procedure Generally 13
R.C.M. 801. Military judge’s responsibilities; other matters
R.C.M. 802. Conferences
R.C.M. 803. Court-martial sessions without members under Article 39(a)
R.C.M. 804. Presence at court-martial proceedings
R.C.M. 805. [Reserved]
R.C.M. 806. Public trial
R.C.M. 807. Oaths
R.C.M. 808. Record of trial
R.C.M. 809. Contempt proceedings
R.C.M. 810. Procedures for rehearings, new trials, other trials, and remands
R.C.M. 811. Stipulations
R.C.M. 812. Joint and common trials
R.C.M. 813. Announcing personnel of the court-martial and the accused
Chapter IX · Trial Procedures Through Findings 29
R.C.M. 901. Opening session
R.C.M. 902. Disqualification of military judge
R.C.M. 903. Accused’s elections on composition of court-martial
R.C.M. 904. Arraignment
R.C.M. 905. Motions generally
R.C.M. 906. Motions for appropriate relief
R.C.M. 907. Motions to dismiss
R.C.M. 908. Appeal by the United States
R.C.M. 909. Capacity of the accused to stand trial by court-martial
R.C.M. 910. Pleas
R.C.M. 911. Randomization and assembly of the court-martial panel
R.C.M. 912. Challenge of selection of members; examination and challenges of members
R.C.M. 912A. Impaneling members and alternate members
R.C.M. 912B. Excusal and replacement of members after impanelment
R.C.M. 913. Presentation of the case on the merits
R.C.M. 914. Production of statements of witnesses
R.C.M. 914A. Use of remote live testimony of a child
R.C.M. 914B. Use of remote testimony
R.C.M. 915. Mistrial
R.C.M. 916. Defenses
R.C.M. 917. Motion for a finding of not guilty
R.C.M. 918. Finding
R.C.M. 919. Argument by counsel on findings
R.C.M. 920. Instructions on findings
R.C.M. 921. Deliberations and voting on findings
R.C.M. 922. Announcement of findings
R.C.M. 923. Impeachment of findings
R.C.M. 924. Reconsideration of findings
R.C.M. 925. Application of sentencing rules
Chapter X · Sentencing 11
R.C.M. 1001. Presentencing procedure
R.C.M. 1002. Sentencing determination
R.C.M. 1003. Punishments
R.C.M. 1004. Capital cases
R.C.M. 1005. Reconsideration of sentence in noncapital cases
R.C.M. 1006. [Reserved]
R.C.M. 1007. Announcement of sentence
R.C.M. 1008. Impeachment of sentence
R.C.M. 1009. [Reserved]
R.C.M. 1010. Notice concerning post-trial and appellate rights
R.C.M. 1011. Adjournment
Chapter XI · Post-Trial Procedure 18
R.C.M. 1101. Statement of trial results
R.C.M. 1102. Execution and effective date of sentences
R.C.M. 1103. Deferment of confinement, forfeitures, and reduction in grade; waiver of Article 58b forfeitures
R.C.M. 1104. Post-trial motions and proceedings
R.C.M. 1105. Post-trial hearing for person found not guilty only by reason of lack of mental responsibility
R.C.M. 1106. Matters submitted by the accused
R.C.M. 1106A. Matters submitted by crime victim
R.C.M. 1107. Suspension of execution of sentence; remission
R.C.M. 1108. Vacation of suspension of sentence
R.C.M. 1109. Reduction of sentence, general and special courts-martial
R.C.M. 1110. Action by convening authority in certain general and special courts-martial
R.C.M. 1111. Entry of judgment
R.C.M. 1112. Certification of record of trial; general and special courts-martial
R.C.M. 1113. Sealed exhibits, proceedings, and other materials
R.C.M. 1114. Transcription of proceedings
R.C.M. 1115. Waiver or withdrawal of appellate review
R.C.M. 1116. Transmittal of records of trial for general and special courts-martial
R.C.M. 1117. Appeal of sentence by the United States
Chapter XII · Appeals and Review 10
R.C.M. 1201. Review by the Judge Advocate General
R.C.M. 1202. Appellate counsel
R.C.M. 1203. Review by a Court of Criminal Appeals
R.C.M. 1204. Review by the Court of Appeals for the Armed Forces
R.C.M. 1205. Review by the Supreme Court
R.C.M. 1206. Powers and responsibilities of the Secretary
R.C.M. 1207. Sentences requiring approval by the President
R.C.M. 1208. Restoration
R.C.M. 1209. Finality of courts-martial
R.C.M. 1210. New trial
Chapter XIII · Summary Courts-Martial 7
R.C.M. 1301. Summary courts-martial
R.C.M. 1302. Convening a summary court-martial
R.C.M. 1303. Right to object to trial by summary court-martial
R.C.M. 1304. Trial procedure
R.C.M. 1305. Record of trial
R.C.M. 1306. Post-trial procedure, summary court-martial
R.C.M. 1307. Review of summary courts-martial by a judge advocate