Chapter XI · Post-Trial Procedure
R.C.M. 1106. Matters submitted by the accused
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (7)(b) Matters submitted by the accused.
(1) Subject to paragraph (2), the accused may submit to the convening authority any matters that may reasonably tend to inform the convening authority’s exercise of discretion under R.C.M. 1109 or 1110. The convening authority is only required to consider written submissions. Submissions are not subject to the Military Rules of Evidence.
(2) Submissions under this rule may not include matters that relate to the character of a crime victim unless such matters were admitted as evidence at trial.
Discussion
See also R.C.M. 1109(d)(3)(C)(ii). For purposes of this provision, the term “crime victim” has the same meaning as the term “victim of an offense under this chapter” in Article 6b.
(c) Access to court-martial record. Upon request by the defense, trial counsel shall provide the accused or counsel for the accused a copy of the recording of all open sessions of the court-martial, and copies of, or access to, the evidence admitted at the court-martial, and the appellate exhibits. Such access shall not include sealed or classified court-martial material or recordings unless authorized by a military judge upon a showing of good cause. A military judge shall issue appropriate protective orders when authorizing such access.
Discussion
The record of trial is not certified until after entry of judgment. This rule allows the defense to have access to the court-martial recordings and evidence in a timely manner in order to submit matters to the convening authority for consideration in deciding whether to take action on either the findings or sentence. See R.C.M. 1109 and 1110.
(d) Time periods.
(1) General and special courts-martial. After a trial by general or special court-martial, the accused may submit matters to the convening authority under this rule within ten days after the sentence is announced.
(2) Summary courts-martial. After a trial by summary court-martial, the accused may submit matters under this rule within seven days after the sentence is announced.
(3) Rebuttal. In a case where a crime victim has submitted matters under R.C.M. 1106A, the accused shall have five days from receipt of those matters to submit any matters in rebuttal. Such a response shall be limited to addressing matters raised in the crime victim’s submissions.
(4) Extension of time.
(A) If, within the period described in paragraph (1) or (2), the accused shows that additional time is required for the accused to submit matters, the convening authority may, for good cause, extend the period for not more than 20 days.
(B) For purposes of this rule, good cause for an extension ordinarily does not include the need to obtain matters that reasonably could have been presented at the court-martial.
Discussion
If at the time a victim makes a submission under R.C.M. 1106A the accused has not yet made a submission, the accused’s submission may include any matters permitted by R.C.M. 1106(b) in addition to matters in rebuttal under R.C.M. 1106(d)(1)(3).
(e) Waiver.
(1) Failure to submit matters. Failure to submit matters within the time prescribed by this rule waives the right to submit such matters.
(2) Submission of matters. Submission of any matters under this rule shall be deemed a waiver of the right to submit additional matters unless the right to submit additional matters within the prescribed time limits is expressly reserved in writing.
(3) Written waiver. The accused may expressly waive, in writing, the right to submit matters under this rule. Once submitted, such a waiver may not be revoked.
(4) Absence of accused. If the accused does not submit matters under this rule as a result of an unauthorized absence, the accused shall be deemed to have waived the right to submit matters under this rule.
Cross-referencesCited by 7Cites 6Elsewhere 2
Cited by
Provisions elsewhere in the Manual whose text cites R.C.M. 1106. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 502(d)(5) — Qualifications and duties of personnel of courts-martial
…to the convening authority and the powers of the convening authority in taking action on the case. See R.C.M. 1106. Defense counsel may also submit a brief of any matters counsel believes should be considered on further…
See R.C.M. 1106(d)(3).
R.C.M. 1109(d)(3)(A) — Reduction of sentence, general and special courts-martial
…on the sentence under this rule, the convening authority shall consider matters timely submitted under R.C.M. 1106 and 1106A, if any, by the accused and any crime victim.
R.C.M. 1112(f)(4) — Certification of record of trial; general and special courts-martial
Any matter filed by the accused or victim under R.C.M. 1106 or 1106A, or any written waiver of the right to submit such matters;
Discussion under R.C.M. 1114(b)(2) — Transcription of proceedings
See R.C.M. 1106 and 1106A regarding providing the record to the accused, a victim, or their counsel. When a certified transcript is…
R.C.M. 1306(a) — Post-trial procedure, summary court-martial
…the accused and any crime victim may submit matters to the convening authority in accordance with R.C.M. 1106 and R.C.M. 1106A.
R.C.M. 1307(d)(2) — Review of summary courts-martial by a judge advocate
A response to each allegation of error made in writing by the accused. Such allegations may be filed under R.C.M. 1106 or directly with the judge advocate who reviews the case; and
R.C.M. 1106 cites
Provisions named in the text of R.C.M. 1106. Where the cited provision is on this site, the link opens it.