R.C.M. 914B — Use of remote testimony | Manual for Courts-Martial

Chapter IX · Trial Procedures Through Findings

R.C.M. 914B. Use of remote testimony

2024 Manual for Courts-Martial, United States

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(a) General procedures. The military judge shall determine the procedures used to take testimony via remote means. At a minimum, all parties shall be able to hear each other, those in attendance at the remote site shall be identified, and the accused shall be permitted private, contemporaneous communication with his counsel.

(b) Definition. As used in this rule, testimony via “remote means” includes, but is not limited to, testimony by video teleconference, closed circuit television, telephone, or similar technology.

Discussion

This rule applies for all witness testimony other than child witness testimony specifically covered by Mil. R. Evid. 611(d) and R.C.M. 914A. When utilizing testimony via remote means, military justice practitioners are encouraged to consult the procedure used in In re San Juan Dupont Plaza Hotel Fire Litigation , 129 F.R.D. 424 (D.P.R. 1989), and to read United States v. Gigante , 166 F.3d 75 (2d Cir. 1999), cert. denied , 528 U.S. 1114 (2000).