Chapter IX · Trial Procedures Through Findings
R.C.M. 914A. Use of remote live testimony of a child
2024 Manual for Courts-Martial, United States
See all changes(a) General procedures. A child shall be allowed to testify out of the presence of the accused after the military judge has determined that the requirements of Mil. R. Evid. 611(d)(3) have been satisfied. The procedure used to take such testimony will be determined by the military judge based upon the exigencies of the situation. At a minimum, the following procedures shall be observed:
(1) The witness shall testify from a remote location outside the courtroom;
(2) Attendance at the remote location shall be limited to the child, counsel for each side (not including an accused pro se), equipment operators, and other persons, such as an attendant for the child, whose presence is deemed necessary by the military judge;
(3) Sufficient monitors shall be placed in the courtroom to allow viewing and hearing of the testimony by the military judge, the accused, the members, the court reporter, and the public;
(4) The voice of the military judge shall be transmitted into the remote location to allow control of the proceedings; and
(5) The accused shall be permitted private, contemporaneous communication with his counsel.
(b) Definition. As used in this rule, “remote live testimony” includes, but is not limited to, testimony by video teleconference, closed circuit television, or similar technology.
(c) Prohibitions. The procedures described in this rule shall not be used where the accused elects to absent himself from the courtroom pursuant to R.C.M. 804(c)(1).
Discussion
For purposes of this rule, unlike R.C.M. 914B, remote means or similar technology does not include receiving testimony by telephone where the parties cannot see and hear each other.