Revision history

Provision 405(i)(2)(B)(iii)

Version 2 update Current
2026-07-14 12:42 · admin
Authority: Exec. Order 14130 (Dec. 20, 2024) (Executive Order, eff. 2024-12-20)
(k) R.C.M. 405(i)(2)(B) is amended to read as follows: "(B) Civilian Witnesses. ... (iii) If the Government does not object to the proposed civilian witness or the preliminary hearing officer determines that the civilian witness's testimony is relevant, not cumulative, and necessary, counsel for the Government shall invite the civilian witness to provide testimony and, if the individual agrees, shall make arrangements for the witness's testimony. A civilian witness cannot be compelled to provide testimony. If expense to the Government is to be incurred, the convening authority who directed the preliminary hearing, or the convening authority's delegate, shall determine whether the witness testifies in person, by video teleconference, by telephone, or by similar means of remote testimony."
405(i)(2)(B)(iii)
If the Government does not object to the proposed civilian witness or the preliminary hearing officer determines that the civilian witness's testimony is relevant, not cumulative, and necessary, counsel for the Government shall invite the civilian witness to provide testimony and, if the individual agrees, shall make arrangements for the witness's testimony. A civilian witness cannot be compelled to provide testimony. If expense to the Government is to be incurred, the convening authority who directed the preliminary hearing, or the convening authority's delegate, shall determine whether the witness testifies in person, by video teleconference, by telephone, or by similar means of remote testimony.
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If the Government does not object to the proposed civilian witness or the preliminary hearing officer determines that the civilian witness’witness's testimony is relevant, not cumulative, and necessary, counsel for the Government shall invite the civilian witness to provide testimony and, if the individual agrees, shall make arrangements for the witness’switness's testimony. A civilian witness cannot be compelled to provide testimony. If expense to the Government is to be incurred, the convening authority who directed the preliminary hearing, or the convening authority’sauthority's delegate, shall determine whether the witness testifies in person, by video teleconference, by telephone, or by similar means of remote testimony.
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2026-07-14 12:42 · admin
Original text (before tracking)
405(i)(2)(B)(iii)
If the Government does not object to the proposed civilian witness or the preliminary hearing officer determines that the civilian witness’ testimony is relevant, not cumulative, and necessary, counsel for the Government shall invite the civilian witness to provide testimony and, if the individual agrees, shall make arrangements for the witness’s testimony. If expense to the Government is to be incurred, the convening authority who directed the preliminary hearing, or the convening authority’s delegate, shall determine whether the witness testifies in person, by video teleconference, by telephone, or by similar means of remote testimony.
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