The following definitions and rules of construction apply throughout this Manual, unless otherwise expressly provided.

“Appellate military judge” means a judge of a Court of Criminal Appeals.

“Article” refers to articles of the Uniform Code of Military Justice unless the context indicates otherwise.

“Capital case” means a general court-martial to which a capital offense has been referred with an instruction that the case be treated as a capital proceeding, and, in the case of a rehearing or new or other trial, for which offense death remains an authorized punishment under R.C.M. 810(d).

“Capital offense” means an offense for which death is an authorized punishment under the UCMJ and Part IV of this Manual or under the law of war.

“Commander” means a commissioned officer in command or an officer in charge except in Part V or unless the context indicates otherwise.

“Convening authority” includes a commissioned officer in command for the time being and successors in command.

See R.C.M. 504 concerning who may convene courts-martial.

“Copy” means an accurate reproduction, however made. Whenever necessary and feasible, a copy may be made by handwriting.

“Court-martial” includes, depending on the context:

The military judge and members of a general or special court-martial;

The military judge when a session of a general or special court-martial is conducted without members under Article 39(a);

The military judge when a request for trial by military judge alone has been approved under R.C.M. 903;

The military judge when the case is referred as a special court-martial consisting of a military judge alone under Article 16(c)(2)(A); or

The summary court-martial officer.

“Days.” When a period of time is expressed in a number of days, the period shall be in calendar days, unless otherwise specified. Unless otherwise specified, the date on which the period begins shall not count, but the date on which the period ends shall count as one day.

“Deferral” of an offense means a special trial counsel declines to prefer charges for an offense or declines to refer charges to court-martial. Once a special trial counsel declines to prefer or refer charges for an offense, a commander shall exercise authority within the scope of these rules.

“Detail” means to order a person to perform a specific temporary duty, unless the context indicates otherwise.

“Exercise authority over” means when a special trial counsel acts on a covered, related, or known offense in furtherance of a special trial counsel’s statutory duties or authorities under Article 24a(c).

See Article 24a(c)(2). If the special trial counsel determines that there is a known or related offense, the special trial counsel must affirmatively act in furtherance of special trial counsel’s statutory duties under Article 24a(c) to exercise authority over that offense. When a special trial counsel exercises authority over any reported offense, the special trial counsel shall notify the suspect’s special court-martial convening authority. See R.C.M. 303A(e).

“Explosive” means gunpowders; powders used for blasting; all forms of high explosives; blasting materials; fuzes (other than electrical circuit breakers), detonators, and other detonating agents; smokeless powders; any explosive bomb, grenade, missile, or similar device; any incendiary bomb or grenade, fire bomb, or similar device; and any other compound, mixture, or device which is an explosive within the meaning of 18 U.S.C. § 232(5) or 844(j).

“Firearm” means any weapon that is designed to or may be readily converted to expel any projectile by the action of an explosive.

“Joint” in connection with military organization connotes activities, operations, organizations, and the like in which elements of more than one military service of the same nation participate.

“Lead Special Trial Counsel” within the Department of Defense means a general or flag officer with significant experience in military justice who is responsible for a dedicated office within each Military Department from which office the Lead Special Trial Counsel will provide for the overall supervision and oversight of the activities of the special trial counsel of a Military Department or Military Service, and who reports directly to the Secretary concerned, without intervening authority.

“Members.” The members of a court-martial are the voting members detailed by the convening authority.

“Military judge” means a judge advocate designated under Article 26(c) who is detailed under Article 26(a) or Article 30a to preside over a general or special court-martial or proceeding before referral. In the context of a summary court-martial, “military judge” means the summary court-martial officer. In the context of a pre-referral proceeding or a special court-martial consisting of a military judge alone, “military judge” includes a military magistrate designated under Article 19 or Article 30a.

“Military magistrate” means a commissioned officer of the armed forces certified under Article 26a who is performing duties under Article 19 or 30a.

“Party,” in the context of parties to a court-martial or other proceeding under these rules, means:

The accused and any defense or associate or assistant defense counsel and agents of the defense counsel when acting on behalf of the accused with respect to the court-martial or proceeding in question; and

Any trial or assistant trial counsel representing the United States, and agents of the trial counsel or such counsel when acting on behalf of the United States with respect to the court-martial or proceeding in question.

“Preferral” is the act by which a person subject to the UCMJ formally accuses another person subject to the UCMJ of an offense, in accordance with R.C.M. 307(b).

“Referral” is the order of a convening authority or a special trial counsel that one or more charges and specifications against an accused will be tried by a specified court-martial.

“Referral authority” means a convening authority or special trial counsel who may order that one or more charges and specifications against an accused be tried by a specified court-martial pursuant to R.C.M. 601.

“Special trial counsel” means a judge advocate who is qualified, certified, and assigned as such by the Judge Advocate General of the armed force of which the officer is a member, or, in the case of the Marine Corps, by the Staff Judge Advocate to the Commandant of the Marine Corps, and who is independent of the military chains of command of both the victim and those accused of covered offenses over which a special trial counsel at any time exercises authority in accordance with Article 24a. Special trial counsel shall be well-trained, experienced, highly skilled and competent in handling cases involving covered offenses. Within the Department of Defense, special trial counsel work within dedicated offices under the overall supervision and oversight of a Lead Special Trial Counsel. Within the Coast Guard, special trial counsel work under the overall supervision and oversight of an officer designated under regulations prescribed by the Commandant of the Coast Guard.

“Staff judge advocate” means a judge advocate so designated in the Army, Air Force, or Marine Corps, and means the principal legal advisor of a command in the Navy and Coast Guard who is a judge advocate.

“ Sua sponte ” means that the person involved acts on that person’s initiative, without the need for a request, motion, or application.

“Trial counsel,” unless otherwise specified in these rules, includes special trial counsel.

“UCMJ” refers to the Uniform Code of Military Justice.

The Uniform Code of Military Justice is set forth at Appendix 2.

“War, time of.” For purposes of R.C.M. 1004(c)(6) and of implementing the applicable paragraphs of Parts IV and V of this Manual only, “time of war” means a period of war declared by Congress, or the factual determination by the President that the existence of hostilities warrants a finding that a “time of war” exists for purposes of R.C.M. 1004(c)(6) and Parts IV and V of this Manual.

The terms “writings” and “recordings” have the same meaning as in Mil. R. Evid. 1001.

The definition of “writing” includes letters, words, or numbers set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or any other form of data compilation. This section makes it clear that computers and other modern reproduction systems are included in this definition, and consistent with the definition of “writing” in Military Rule of Evidence 1001. The definition is comprehensive, covering all forms of writing or recording of words or word-substitutes.

The definitions and rules of construction in 1 U.S.C. §§ 1 through 5 and in 10 U.S.C. §§ 101 and 801.

The following provisions are set forth below: