Chapter IX · Trial Procedures Through Findings

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

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes Cited by (6)
(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).
Cross-referencesCited by 6Cites 2
Cited by

Provisions elsewhere in the Manual whose text cites R.C.M. 914B. Each link opens the citing provision.

Rules for Courts-Martial
Discussion under R.C.M. 703(b)(1) — Production of witnesses and evidence
…a fact. The procedures for receiving testimony via remote means and the definition thereof are contained in R.C.M. 914B. An issue may arise as both an interlocutory question and a question that bears on the ultimate issue of…
…A conference may be conducted by remote means or similar technology consistent with the definition in R.C.M. 914B.
R.C.M. 804(e) — Presence at court-martial proceedings
Victim and Victim’s Counsel. Subject to R.C.M. 914B, at the discretion of the military judge and for good cause, the victim and victim’s counsel may be…
Discussion under R.C.M. 914(f)(3)(c) — Production of statements of witnesses
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…
Discussion under R.C.M. 914A — Use of remote live testimony of a child
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…
Discussion under R.C.M. 1001(f)(2)(E) — Presentencing procedure
The procedures for receiving testimony via remote means and the definition thereof are contained in R.C.M. 914B.
R.C.M. 914B cites

Provisions named in the text of R.C.M. 914B. Where the cited provision is on this site, the link opens it.