Section VI · Witnesses
Rule 614. Court-martial's calling or examining a witness
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (2)(a) Calling. The military judge may - sua sponte or at the request of the members or the suggestion of a party - call a witness. Each party is entitled to cross-examine the witness. When the members wish to call or recall a witness, the military judge must determine whether the testimony would be relevant and not barred by any rule or provision of this Manual.
(b) Examining. The military judge or members may examine a witness regardless of who calls the witness. Members must submit their questions to the military judge in writing. Following the opportunity for review by both parties, the military judge must rule on the propriety of the questions, and ask the questions in an acceptable form on behalf of the members. When the military judge or the members call a witness who has not previously testified, the military judge may conduct the direct examination or may assign the responsibility to counsel for any party.
(c) Objections. Objections to the calling of witnesses by the military judge or the members or to the interrogation by the military judge or the members may be made at the time or at the next available opportunity when the members are not present.
Cross-referencesCited by 2
Cited by
Provisions elsewhere in the Manual whose text cites Rule 614. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 801(c) — Military judge’s responsibilities; other matters
…trial counsel to make an inquiry along certain lines to discover and produce additional evidence. See also Mil. R. Evid. 614. In taking such action, the court-martial must not depart from an impartial role.
Discussion under R.C.M. 913(c)(2) — Presentation of the case on the merits
…are conducted as necessary, followed by any questioning by the military judge and members. See Mil. R. Evid. 611, 614. All documentary and real evidence (except marks or wounds on a person’s body) should be marked for…