Revision history
Provision 405(i)(2)(B)(ii)
Version 2
update
Current
2026-07-14 12:41 · admin
(k) R.C.M. 405(i)(2)(B) is amended to read as follows:
"(B) Civilian Witnesses.
...
(ii) If the Government objects to the proposed defense witness, defense counsel may request that the preliminary hearing officer determine whether the witness is relevant, not cumulative, and necessary to a determination of the issues under R.C.M. 405(a). The defense has the burden of establishing that the witness is relevant, not cumulative, and necessary by a preponderance of the evidence.
405(i)(2)(B)(ii)
If the Government objects to the proposed defense witness, defense counsel may request that the preliminary hearing officer determine whether the witness is relevant, not cumulative, and necessary to a determination of the issues under R.C.M. 405(a). The defense has the burden of establishing that the witness is relevant, not cumulative, and necessary by a preponderance of the evidence. Show changes from v1
If the Government objects to the proposed defense witness, defense counsel may request that the preliminary hearing officer determine whether the witness is relevant, not cumulative, and necessary to a determination of the issues under R.C.M. 405(a). The defense has the burden of establishing that the witness is relevant, not cumulative, and necessary by a preponderance of the evidence.
Version 1
create
2026-07-14 12:41 · admin
Original text (before tracking)
405(i)(2)(B)(ii)
If the Government objects to the proposed defense witness, defense counsel may request that the preliminary hearing officer determine whether the witness is relevant, not cumulative, and necessary to a determination of the issues under R.C.M. 405(a).