Section I · General Provisions
Rule 101. Scope
2024 Manual for Courts-Martial, United States
See all changes(a) Scope. These rules apply to courts-martial proceedings to the extent and with the exceptions stated in Mil. R. Evid. 1101.
(b) Sources of Law. In the absence of guidance in this Manual or these rules, courts-martial will apply:
(1) First, the Federal Rules of Evidence and the case law interpreting them; and
(2) Second, when not inconsistent with subdivision (b)(1), the rules of evidence at common law.
(c) Rule of Construction.
(1) Except as otherwise provided in these rules, the term "military judge" includes:
(A) a military magistrate designated to preside at a special court-martial or pre-referral judicial proceeding; and
(B) a summary court-martial officer.
(2) A reference in these rules to any kind of written material or any other medium includes electronically stored information.
Discussion
Discussion was added to these Rules in 2013. The Discussion itself does not have the force of law, even though it may describe legal requirements derived from other sources. It is in the nature of a treatise, and may be used as secondary authority. If a matter is included in a rule, it is intended that the matter be binding, unless it is clearly expressed as precatory. The Discussion will be revised from time to time as warranted by changes in applicable law. See Composition of the Manual for Courts-Martial in Appendix 15
Practitioners should also refer to the Analysis of the Military Rules of Evidence contained in Appendix 16 of this Manual. The Analysis is similar to Committee Notes accompanying the Federal Rules of Evidence and is intended to address the basis of the rule, deviation from the Federal Rules of Evidence, relevant precedent, and drafters' intent.
Practitioners should also refer to the Analysis of the Military Rules of Evidence contained in Appendix 16 of this Manual. The Analysis is similar to Committee Notes accompanying the Federal Rules of Evidence and is intended to address the basis of the rule, deviation from the Federal Rules of Evidence, relevant precedent, and drafters' intent.