Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (kk) R.C.M. 1304(b)(1)(M) is amended to read as follows: "(M) The maximum sentence that the summary court-martial may adjudge if the accused is found guilty of the offense or offenses alleged;" (ll) R.C.M. 1304(b)(1)(N) is amended to read as follows: "(N) The accused's right to object to trial by summary court-martial; and". (mm) A new R.C.M. 1304(b)(1)(O) is inserted immediately after R.C.M. 1304(b)(1)(N) to read as follows: "(O) Unless waived by the accused, the accused's right to have detailed defense counsel present during the summary court-martial proceeding." (nn) R.C.M. 1304(b)(2)(B) through (F) are redesignated as R.C.M. 1304(b)(2)(C) through (G). (oo) A new R.C.M. 1304(b)(2)(B) is inserted immediately after R.C.M. 1304(b)(2)(A) to read as follows: "(B) Presence of defense counsel. (i) If the accused waives the right to have defense counsel present during the summary court-martial proceeding, the summary court-martial shall inquire into whether the waiver is knowing and voluntary. (ii) Presence of defense counsel may be accomplished via remote means through the use of audiovisual technology only if the accused consents to the presence of counsel by remote means and there is the opportunity for confidential consultation with defense counsel during the summary court-martial proceeding."

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (kk) R.C.M. 1304(b)(1)(M) is amended to read as follows: "(M) The maximum sentence that the summary court-martial may adjudge if the accused is found guilty of the offense or offenses alleged;" (ll) R.C.M. 1304(b)(1)(N) is amended to read as follows: "(N) The accused's right to object to trial by summary court-martial; and". (mm) A new R.C.M. 1304(b)(1)(O) is inserted immediately after R.C.M. 1304(b)(1)(N) to read as follows: "(O) Unless waived by the accused, the accused's right to have detailed defense counsel present during the summary court-martial proceeding." (nn) R.C.M. 1304(b)(2)(B) through (F) are redesignated as R.C.M. 1304(b)(2)(C) through (G). (oo) A new R.C.M. 1304(b)(2)(B) is inserted immediately after R.C.M. 1304(b)(2)(A) to read as follows: "(B) Presence of defense counsel. (i) If the accused waives the right to have defense counsel present during the summary court-martial proceeding, the summary court-martial shall inquire into whether the waiver is knowing and voluntary. (ii) Presence of defense counsel may be accomplished via remote means through the use of audiovisual technology only if the accused consents to the presence of counsel by remote means and there is the opportunity for confidential consultation with defense counsel during the summary court-martial proceeding."

Original text (before tracking)

Original text (before tracking)

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (mm) A new R.C.M. 1304(b)(1)(O) is inserted immediately after R.C.M. 1304(b)(1)(N) to read as follows: "(O) Unless waived by the accused, the accused's right to have detailed defense counsel present during the summary court-martial proceeding."

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (ll) R.C.M. 1304(b)(1)(N) is amended to read as follows: "(N) The accused's right to object to trial by summary court-martial; and".

Original text (before tracking)

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (kk) R.C.M. 1304(b)(1)(M) is amended to read as follows: "(M) The maximum sentence that the summary court-martial may adjudge if the accused is found guilty of the offense or offenses alleged;"

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (jj) R.C.M. 1302(a) is amended to read as follows: (5) A superior competent authority to any of the above if the superior competent authority considers it desirable unless such superior competent authority is the only commissioned officer with the command, in which case it shall be considered desirable that the matter be elevated until it reaches a superior competent authority whose command includes more than one commissioned officer."

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (jj) R.C.M. 1302(a) is amended to read as follows: (4) The commander or officer in charge of any other command when empowered by the Secretary concerned unless such commander or officer in charge is the only commissioned officer with the command; or

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (jj) R.C.M. 1302(a) is amended to read as follows: (3) The commander of a detached squadron or other detachment of the Air Force or a corresponding unit of the Space Force unless such commander is the only commissioned officer with the detached squadron or other detachment of the Air Force or corresponding unit of the Space Force;

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (jj) R.C.M. 1302(a) is amended to read as follows: (2) The commander of a detached company or other detachment of the Army unless such commander is the only commissioned officer with the company or detachment;

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (jj) R.C.M. 1302(a) is amended to read as follows: (1) Any person who may convene a general or special court-martial;

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (jj) R.C.M. 1302(a) is amended to read as follows: "(a) Who may convene summary courts-martial. Unless limited by competent authority, summary courts-martial may be convened by: (1) Any person who may convene a general or special court-martial; (2) The commander of a detached company or other detachment of the Army unless such commander is the only commissioned officer with the company or detachment; (3) The commander of a detached squadron or other detachment of the Air Force or a corresponding unit of the Space Force unless such commander is the only commissioned officer with the detached squadron or other detachment of the Air Force or corresponding unit of the Space Force; (4) The commander or officer in charge of any other command when empowered by the Secretary concerned unless such commander or officer in charge is the only commissioned officer with the command; or (5) A superior competent authority to any of the above if the superior competent authority considers it desirable unless such superior competent authority is the only commissioned officer with the command, in which case it shall be considered desirable that the matter be elevated until it reaches a superior competent authority whose command includes more than one commissioned officer."

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (ii) R.C.M. 1301(e) is amended to read as follows: "(e) Counsel. The accused at a summary court-martial has a right to military defense counsel. The accused may expressly waive the right to be represented by defense counsel and may thereafter conduct the defense personally. Such waiver shall be accepted by the summary court-martial officer only upon finding that the accused is competent to understand the disadvantages of self-representation and that the waiver is voluntary and understanding. The right of the accused to conduct the defense personally may be revoked if the accused is disruptive or fails to follow basic rules of decorum and procedure."

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (hh) R.C.M. 1301(a) is amended to read as follows: "(a) Composition. A summary court-martial is composed of one commissioned officer on active duty. Unless otherwise prescribed by the Secretary concerned, a summary court-martial shall be of the same armed force as the accused. Summary courts-martial shall be conducted in accordance with the regulations of the military Service to which the accused belongs. Whenever practicable, a summary court-martial should be an officer whose grade is not below lieutenant of the Navy or Coast Guard or captain of the Army, Marine Corps, Air Force, or Space Force."

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (gg) R.C.M. 1209(a)(1) is amended to read as follows: "(1) General and special courts-martial. A conviction in a general or special court-martial is final when— (A) Review is completed under R.C.M. 1201(a) (Article 65); (B) Review is completed by a Court of Criminal Appeals and— (i) The accused does not file a timely petition for review by the Court of Appeals for the Armed Forces and the case is not otherwise under review by that court; or (ii) The Court of Appeals for the Armed Forces refused to grant review of such a petition or review is completed in accordance with the judgment of the Court of Appeals for the Armed Forces, and— (I) A petition for a writ of certiorari is not filed within the time limits prescribed by the Supreme Court; (II) A petition for a writ of certiorari is denied or otherwise rejected by the Supreme Court; or (III) Review is otherwise completed in accordance with the judgment of the Supreme Court."

Original text (before tracking)

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (gg) R.C.M. 1209(a)(1) is amended to read as follows: "(1) General and special courts-martial. A conviction in a general or special court-martial is final when— (A) Review is completed under R.C.M. 1201(a) (Article 65); (B) Review is completed by a Court of Criminal Appeals and— (i) The accused does not file a timely petition for review by the Court of Appeals for the Armed Forces and the case is not otherwise under review by that court; or (ii) The Court of Appeals for the Armed Forces refused to grant review of such a petition or review is completed in accordance with the judgment of the Court of Appeals for the Armed Forces, and— (I) A petition for a writ of certiorari is not filed within the time limits prescribed by the Supreme Court; (II) A petition for a writ of certiorari is denied or otherwise rejected by the Supreme Court; or (III) Review is otherwise completed in accordance with the judgment of the Supreme Court."

Original text (before tracking)

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (gg) R.C.M. 1209(a)(1) is amended to read as follows: "(1) General and special courts-martial. A conviction in a general or special court-martial is final when— (A) Review is completed under R.C.M. 1201(a) (Article 65); (B) Review is completed by a Court of Criminal Appeals and— (i) The accused does not file a timely petition for review by the Court of Appeals for the Armed Forces and the case is not otherwise under review by that court; or (ii) The Court of Appeals for the Armed Forces refused to grant review of such a petition or review is completed in accordance with the judgment of the Court of Appeals for the Armed Forces, and— (I) A petition for a writ of certiorari is not filed within the time limits prescribed by the Supreme Court; (II) A petition for a writ of certiorari is denied or otherwise rejected by the Supreme Court; or (III) Review is otherwise completed in accordance with the judgment of the Supreme Court."

Original text (before tracking)

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (gg) R.C.M. 1209(a)(1) is amended to read as follows: "(1) General and special courts-martial. A conviction in a general or special court-martial is final when— (A) Review is completed under R.C.M. 1201(a) (Article 65); (B) Review is completed by a Court of Criminal Appeals and— (i) The accused does not file a timely petition for review by the Court of Appeals for the Armed Forces and the case is not otherwise under review by that court; or (ii) The Court of Appeals for the Armed Forces refused to grant review of such a petition or review is completed in accordance with the judgment of the Court of Appeals for the Armed Forces, and— (I) A petition for a writ of certiorari is not filed within the time limits prescribed by the Supreme Court; (II) A petition for a writ of certiorari is denied or otherwise rejected by the Supreme Court; or (III) Review is otherwise completed in accordance with the judgment of the Supreme Court."

Original text (before tracking)

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (gg) R.C.M. 1209(a)(1) is amended to read as follows: "(1) General and special courts-martial. A conviction in a general or special court-martial is final when— (A) Review is completed under R.C.M. 1201(a) (Article 65); (B) Review is completed by a Court of Criminal Appeals and— (i) The accused does not file a timely petition for review by the Court of Appeals for the Armed Forces and the case is not otherwise under review by that court; or (ii) The Court of Appeals for the Armed Forces refused to grant review of such a petition or review is completed in accordance with the judgment of the Court of Appeals for the Armed Forces, and— (I) A petition for a writ of certiorari is not filed within the time limits prescribed by the Supreme Court; (II) A petition for a writ of certiorari is denied or otherwise rejected by the Supreme Court; or (III) Review is otherwise completed in accordance with the judgment of the Supreme Court."

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (gg) R.C.M. 1209(a)(1) is amended to read as follows: "(1) General and special courts-martial. A conviction in a general or special court-martial is final when— (A) Review is completed under R.C.M. 1201(a) (Article 65); (B) Review is completed by a Court of Criminal Appeals and— (i) The accused does not file a timely petition for review by the Court of Appeals for the Armed Forces and the case is not otherwise under review by that court; or (ii) The Court of Appeals for the Armed Forces refused to grant review of such a petition or review is completed in accordance with the judgment of the Court of Appeals for the Armed Forces, and— (I) A petition for a writ of certiorari is not filed within the time limits prescribed by the Supreme Court; (II) A petition for a writ of certiorari is denied or otherwise rejected by the Supreme Court; or (III) Review is otherwise completed in accordance with the judgment of the Supreme Court."

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (ff) R.C.M. 1205(a) is amended to read as follows: (4) Cases other than those described in paragraphs (a)(1), (2), and (3) of this rule in which the Court of Appeals for the Armed Forces granted or refused to grant relief.

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (ff) R.C.M. 1205(a) is amended to read as follows: (3) Cases in which the Court of Appeals for the Armed Forces granted or refused to grant a petition for review under Article 67(a)(3); and

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (ff) R.C.M. 1205(a) is amended to read as follows: (2) Cases certified to the Court of Appeals for the Armed Forces by the Judge Advocate General under Article 67(a)(2);

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (ff) R.C.M. 1205(a) is amended to read as follows: "(1) Cases reviewed by the Court of Appeals for the Armed Forces under Article 67(a)(1);

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (ff) R.C.M. 1205(a) is amended to read as follows: "(a) Cases subject to review by the Supreme Court. Under 28 U.S.C. § 1259 and Article 67a, decisions of the Court of Appeals for the Armed Forces may be reviewed by the Supreme Court by writ of certiorari in the following cases: (1) Cases reviewed by the Court of Appeals for the Armed Forces under Article 67(a)(1); (2) Cases certified to the Court of Appeals for the Armed Forces by the Judge Advocate General under Article 67(a)(2); (3) Cases in which the Court of Appeals for the Armed Forces granted or refused to grant a petition for review under Article 67(a)(3); and (4) Cases other than those described in paragraphs (a)(1), (2), and (3) of this rule in which the Court of Appeals for the Armed Forces granted or refused to grant relief."

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (ee) R.C.M. 1201(h)(1)(B) is amended to read as follows: “(B) With respect to a general or special court-martial previously reviewed under paragraph (a)(1) or (2) where the Judge Advocate General determines the waiver or withdrawal was invalid under the law, order such a court-martial to be reviewed under R.C.M. 1203 by the Court of Criminal Appeals.”

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (cc) R.C.M. 1114(a) is amended to read as follows: “(a) Transcription of the complete record. A certified verbatim transcript of the record of trial shall be prepared in all general and special courts-martial in which the judgment includes a finding of guilty.”

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (cc) R.C.M. 1114(a) is amended to read as follows: “(a) Transcription of the complete record. A certified verbatim transcript of the record of trial shall be prepared in all general and special courts-martial in which the judgment includes a finding of guilty.”

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (cc) R.C.M. 1114(a) is amended to read as follows: “(a) Transcription of the complete record. A certified verbatim transcript of the record of trial shall be prepared in all general and special courts-martial in which the judgment includes a finding of guilty.”

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (aa) R.C.M. 1112(f)(1) through (9) are redesignated as R.C.M. 1112(f)(2) through (10). (bb) A new R.C.M. 1112(0(1) is inserted immediately after R.C.M. 1112(1) to read as follows: “(1) A copy of all materials required to be provided to the military judge pursuant to R.C.M. 309(a)(3);”.

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (z) R.C.M. 1002(b)(2) is amended to read as follows: "(2) Concurrent or Consecutive Terms of Confinement. (C) In all other circumstances, a military judge may exercise broad discretion in determining whether terms of confinement will run concurrently or consecutively consistent with R.C.M. 1002(c). Whether a term of confinement will run concurrently with another term of confinement should be determined only after determining the appropriate amount of confinement for each charge and specification."

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (z) R.C.M. 1002(b)(2) is amended to read as follows: "(2) Concurrent or Consecutive Terms of Confinement. (B) The terms of confinement for two or more specifications shall run concurrently— ... (iv) in a special court-martial, to the extent necessary to prevent the total confinement from exceeding the maximum confinement authorized under R.C.M. 201(f)(2).

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (z) R.C.M. 1002(b)(2) is amended to read as follows: "(2) Concurrent or Consecutive Terms of Confinement. (B) The terms of confinement for two or more specifications shall run concurrently— ... (iii) when the accused is found guilty of two or more specifications and the military judge finds that the charges or specifications are unreasonably multiplied; or

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (z) R.C.M. 1002(b)(2) is amended to read as follows: "(2) Concurrent or Consecutive Terms of Confinement. (B) The terms of confinement for two or more specifications shall run concurrently— ... (ii) when provided for in a plea agreement;

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (z) R.C.M. 1002(b)(2) is amended to read as follows: "(2) Concurrent or Consecutive Terms of Confinement. (B) The terms of confinement for two or more specifications shall run concurrently— (i) when each specification involves the same victim and the same act or transaction;

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (z) R.C.M. 1002(b)(2) is amended to read as follows: "(2) Concurrent or Consecutive Terms of Confinement. (B) The terms of confinement for two or more specifications shall run concurrently—

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (z) R.C.M. 1002(b)(2) is amended to read as follows: "(2) Concurrent or Consecutive Terms of Confinement. (A) If a sentence includes more than one term of confinement, the military judge shall determine whether the terms of confinement will run concurrently or consecutively. For each term of confinement, the military judge shall state whether the term of confinement is to run concurrently or consecutively with any other term or terms of confinement.

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (z) R.C.M. 1002(b)(2) is amended to read as follows: "(2) Concurrent or Consecutive Terms of Confinement. (A) If a sentence includes more than one term of confinement, the military judge shall determine whether the terms of confinement will run concurrently or consecutively. For each term of confinement, the military judge shall state whether the term of confinement is to run concurrently or consecutively with any other term or terms of confinement. (B) The terms of confinement for two or more specifications shall run concurrently— (i) when each specification involves the same victim and the same act or transaction; (ii) when provided for in a plea agreement; (iii) when the accused is found guilty of two or more specifications and the military judge finds that the charges or specifications are unreasonably multiplied; or (iv) in a special court-martial, to the extent necessary to prevent the total confinement from exceeding the maximum confinement authorized under R.C.M. 201(f)(2). (C) In all other circumstances, a military judge may exercise broad discretion in determining whether terms of confinement will run concurrently or consecutively consistent with R.C.M. 1002(c). Whether a term of confinement will run concurrently with another term of confinement should be determined only after determining the appropriate amount of confinement for each charge and specification."

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (y) R.C.M. 908(c)(3) is amended to read as follows: "(3) Action following decision of Court of Criminal Appeals. After the Court of Criminal Appeals has decided any appeal under Article 62, the accused may petition for review by the Court of Appeals for the Armed Forces, or the Judge Advocate General may certify a case to the Court of Appeals for the Armed Forces. The parties shall be notified of the decision of the Court of Criminal Appeals promptly. If the decision is adverse to the accused, the accused shall be notified of the decision and of the right to petition the Court of Appeals for the Armed Forces for review within 60 days. Such notification shall be made orally on the record at the court-martial or in accordance with R.C.M. 1203(d). If the accused is notified orally on the record, trial counsel shall forward by expeditious means a certificate that the accused was so notified to the Judge Advocate General who shall forward a copy to the clerk of the Court of Appeals for the Armed Forces when required by the Court. If the decision by the Court of Criminal Appeals permits it, the court-martial may proceed as to the affected charges and specifications pending further review by the Court of Appeals for the Armed Forces or the Supreme Court, unless either court orders the proceedings stayed. R.C.M. 1204 shall apply to petitions made, or cases certified, under R.C.M. 908 to the Court of Appeals for the Armed Forces. R.C.M. 1205 shall apply to petitions made under R.C.M. 908 to the Supreme Court."

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (x) R.C.M. 906(b)(12)(B) is amended to read as follows: "(B) As applied to sentence. Where the military judge finds that the unreasonable multiplication of charges requires a remedy that focuses more appropriately on punishment than on findings, the military judge may find that there is an unreasonable multiplication of charges as applied to sentence. If the military judge makes such a finding, the remedy shall be that the terms of confinement for the affected specifications will run concurrently, as set forth in R.C.M. 1002(b)(2)(B)(iii). A ruling on this motion ordinarily should be deferred until after findings are entered."

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (w) R.C.M. 803 is amended to read as follows: "Rule 803. Court-martial sessions without members under Article 39(a) A military judge who has been detailed to the court-martial may, under Article 39(a), after service of charges, call the court-martial into session without the presence of members. Such sessions may be held before and after assembly of the court-martial, and when authorized in these rules, after adjournment and before entry of the judgment in the record. All such sessions are a part of the trial and shall be conducted in the presence of the accused, defense counsel, and trial counsel, in accordance with R.C.M. 804, and shall be made a part of the record."

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (v) R.C.M. 703(g)(3)(I) is amended to read as follows: (i) order that the subpoena be modified or quashed, as appropriate; or (ii) order the person to comply with the subpoena."

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (v) R.C.M. 703(g)(3)(I) is amended to read as follows: (i) order that the subpoena be modified or quashed, as appropriate; or (ii) order the person to comply with the subpoena."

Original text (before tracking)

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (v) R.C.M. 703(g)(3)(I) is amended to read as follows: "(I) Relief. If either a person subpoenaed or a victim whose personal or confidential information has been subpoenaed under subparagraph (g)(3)(C)(ii) requests relief on grounds that compliance is unreasonable, oppressive, or prohibited by law, the military judge or, if before referral, a military judge detailed under Article 30a shall review the request and shall— (i) order that the subpoena be modified or quashed, as appropriate; or (ii) order the person to comply with the subpoena."

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (u) R.C.M. 703(g)(3)(C)(ii) is amended to read as follows: "(ii) Subpoenas for personal or confidential information about a victim. After preferral, a subpoena requiring the production of personal or confidential information about a victim may be served on an individual or organization by those authorized to issue a subpoena under R.C.M. 703(g)(3)(E) or with the consent of the victim. Before issuing a subpoena under this provision and unless there are exceptional circumstances, the victim must be given timely notice so that the victim can move for relief under R.C.M. 703(g)(3)(I) or otherwise object."

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (t) R.C.M. 703(d)(2)(B) is amended to read as follows: "(B) If the military judge grants a motion for the appointment or employment of a defense expert witness or consultant, the expert witness or consultant, or an adequate substitute, shall be provided in accordance with regulations prescribed by the Secretary concerned. In the absence of advance approval by an official authorized to grant such approval under the regulations prescribed by the Secretary concerned, expert witnesses and consultants may not be paid fees other than those to which they are entitled under R.C.M. 703(g)(3)(G)."

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (s) R.C.M. 703(c)(2)(D) is amended to read as follows: "(D) Determination. Trial counsel shall arrange for the presence of any witness listed by the defense unless trial counsel contends that the witness's production is not required under this rule. If trial counsel contends that the witness's production is not required by this rule, the matter may be submitted to the military judge. For good cause shown, the submission by the defense may be made by ex parte motion. If the military judge grants a motion for a witness, the trial counsel shall produce the witness or the proceedings may be abated."

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Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (r) R.C.M. 503(a)(1) is amended to read as follows: ... (F) provide a list of the detailed members to the military judge to randomize in accordance with R.C.M. 911.

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (r) R.C.M. 503(a)(1) is amended to read as follows: ... (ii) authorized to impanel alternate members only if, after the exercise of all challenges, excess members remain; and

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (r) R.C.M. 503(a)(1) is amended to read as follows: ... (i) authorized to impanel a specified number of alternate members; or (ii) authorized to impanel alternate members only if, after the exercise of all challenges, excess members remain; and

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (r) R.C.M. 503(a)(1) is amended to read as follows: (E) state whether the military judge is— (i) authorized to impanel a specified number of alternate members; or (ii) authorized to impanel alternate members only if, after the exercise of all challenges, excess members remain; and (F) provide a list of the detailed members to the military judge to randomize in accordance with R.C.M. 911.

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (r) R.C.M. 503(a)(1) is amended to read as follows: (D) document in writing any determination under R.C.M. 503(a)(1)(B)(iv) that exceptional circumstances exist, pursuant to procedures prescribed by the Secretary concerned;

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (r) R.C.M. 503(a)(1) is amended to read as follows: (C) consult with the servicing staff judge advocate prior to making a determination under R.C.M. 503(a)(1)(B)(iv) that it is impracticable to meet the requirements of R.C.M. 503(a)(1)(B)(i)-(iii);

Original text (before tracking)

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (r) R.C.M. 503(a)(1) is amended to read as follows: (iv) where a convening authority determines it to be impracticable to meet the requirements of R.C.M. 503(a)(1)(B)(i)-(iii) due to exceptional circumstances, a sufficient number of detailed members to allow for the randomization process in R.C.M. 911. Exceptional circumstances include circumstances in which the minimum required numbers of detailed members are not available due to a military necessity or exigency;

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (r) R.C.M. 503(a)(1) is amended to read as follows: (iii) in a special court-martial, at least 8 detailed members for randomization; or

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (r) R.C.M. 503(a)(1) is amended to read as follows: (ii) in a non-capital general court-martial, at least 16 detailed members for randomization;

Original text (before tracking)

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (r) R.C.M. 503(a)(1) is amended to read as follows: (i) in a capital general court-martial, at least 24 detailed members for randomization;

Original text (before tracking)

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (r) R.C.M. 503(a)(1) is amended to read as follows: (B) provide to the military judge—

Original text (before tracking)