Section V · Privileges
Rule 501. Privilege in general
2024 Manual for Courts-Martial, United States
See all changes(a) A person may not claim a privilege with respect to any matter except as required by or provided for in:
(1) the United States Constitution as applied to members of the Armed Forces;
(2) a federal statute applicable to trials by courts-martial;
(3) these rules;
(4) this Manual; or
(5) the principles of common law generally recognized in the trial of criminal cases in the United States district courts under rule 501 of the Federal Rules of Evidence, insofar as the application of such principles in trials by courts-martial is practicable and not contrary to or inconsistent with the Uniform Code of Military Justice, these rules, or this Manual.
(b) A claim of privilege includes, but is not limited to, the assertion by any person of a privilege to:
(1) refuse to be a witness;
(2) refuse to disclose any matter;
(3) refuse to produce any object or writing; or
(4) prevent another from being a witness or disclosing any matter or producing any object or writing.
(c) The term "person" includes an appropriate representative of the Federal Government, a State, or political subdivision thereof, or any other entity claiming to be the holder of a privilege.
(d) Notwithstanding any other provision of these rules, information not otherwise privileged does not become privileged on the basis that it was acquired by a medical officer or civilian physician in a professional capacity.