Summary of changes
Rule 101 — Scope
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Rule in one view.
0 amended
0 added
0 removed
10 unchanged
No changes recorded for this Rule —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
101(a)
unchanged
Original text
Scope.
These rules apply to courts-martial proceedings to the extent and with the exceptions stated in Mil. R. Evid. 1101.
Current text
Scope.
These rules apply to courts-martial proceedings to the extent and with the exceptions stated in Mil. R. Evid. 1101.
101(b)
unchanged
Original text
Sources of Law.
In the absence of guidance in this Manual or these rules, courts-martial will apply:
Current text
Sources of Law.
In the absence of guidance in this Manual or these rules, courts-martial will apply:
101(b)(1)
unchanged
Original text
First, the Federal Rules of Evidence and the case law interpreting them; and
Current text
First, the Federal Rules of Evidence and the case law interpreting them; and
101(b)(2)
unchanged
Original text
Second, when not inconsistent with subdivision (b)(1), the rules of evidence at common law.
Current text
Second, when not inconsistent with subdivision (b)(1), the rules of evidence at common law.
101(c)
unchanged
Original text
Rule of Construction.
Current text
Rule of Construction.
101(c)(1)
unchanged
Original text
Except as otherwise provided in these rules, the term "military judge" includes:
Current text
Except as otherwise provided in these rules, the term "military judge" includes:
101(c)(1)(A)
unchanged
Original text
a military magistrate designated to preside at a special court-martial or pre-referral judicial proceeding; and
Current text
a military magistrate designated to preside at a special court-martial or pre-referral judicial proceeding; and
101(c)(1)(B)
unchanged
Original text
a summary court-martial officer.
Current text
a summary court-martial officer.
101(c)(2)
unchanged
Original text
A reference in these rules to any kind of written material or any other medium includes electronically stored information.
Current text
A reference in these rules to any kind of written material or any other medium includes electronically stored information.
101|D
unchanged
Original text
Discussion
Discussion was added to these Rules in 2013. The Discussion itself does not have the force of law, even though it may describe legal requirements derived from other sources. It is in the nature of a treatise, and may be used as secondary authority. If a matter is included in a rule, it is intended that the matter be binding, unless it is clearly expressed as precatory. The Discussion will be revised from time to time as warranted by changes in applicable law. See Composition of the Manual for Courts-Martial in Appendix 15
Practitioners should also refer to the Analysis of the Military Rules of Evidence contained in Appendix 16 of this Manual. The Analysis is similar to Committee Notes accompanying the Federal Rules of Evidence and is intended to address the basis of the rule, deviation from the Federal Rules of Evidence, relevant precedent, and drafters' intent.
Practitioners should also refer to the Analysis of the Military Rules of Evidence contained in Appendix 16 of this Manual. The Analysis is similar to Committee Notes accompanying the Federal Rules of Evidence and is intended to address the basis of the rule, deviation from the Federal Rules of Evidence, relevant precedent, and drafters' intent.
Current text
Discussion
Discussion was added to these Rules in 2013. The Discussion itself does not have the force of law, even though it may describe legal requirements derived from other sources. It is in the nature of a treatise, and may be used as secondary authority. If a matter is included in a rule, it is intended that the matter be binding, unless it is clearly expressed as precatory. The Discussion will be revised from time to time as warranted by changes in applicable law. See Composition of the Manual for Courts-Martial in Appendix 15
Practitioners should also refer to the Analysis of the Military Rules of Evidence contained in Appendix 16 of this Manual. The Analysis is similar to Committee Notes accompanying the Federal Rules of Evidence and is intended to address the basis of the rule, deviation from the Federal Rules of Evidence, relevant precedent, and drafters' intent.
Practitioners should also refer to the Analysis of the Military Rules of Evidence contained in Appendix 16 of this Manual. The Analysis is similar to Committee Notes accompanying the Federal Rules of Evidence and is intended to address the basis of the rule, deviation from the Federal Rules of Evidence, relevant precedent, and drafters' intent.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.