Summary of changes
R.C.M. 1106 — Matters submitted by the accused
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 R.C.M. in one view.
0 amended
0 added
0 removed
20 unchanged
No changes recorded for this R.C.M. —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
1106(a)
unchanged
Original text
In general.
After a sentence is announced in a court-martial, the accused may submit matters to the convening authority for consideration in the exercise of the convening authority’s powers under R.C.M. 1109, 1110, or 1306.
Current text
In general.
After a sentence is announced in a court-martial, the accused may submit matters to the convening authority for consideration in the exercise of the convening authority’s powers under R.C.M. 1109, 1110, or 1306.
1106(b)
unchanged
Original text
Matters submitted by the accused.
Current text
Matters submitted by the accused.
1106(b)(1)
unchanged
Original text
Subject to paragraph (2), the accused may submit to the convening authority any matters that may reasonably tend to inform the convening authority’s exercise of discretion under R.C.M. 1109 or 1110. The convening authority is only required to consider written submissions. Submissions are not subject to the Military Rules of Evidence.
Current text
Subject to paragraph (2), the accused may submit to the convening authority any matters that may reasonably tend to inform the convening authority’s exercise of discretion under R.C.M. 1109 or 1110. The convening authority is only required to consider written submissions. Submissions are not subject to the Military Rules of Evidence.
1106(b)(2)
unchanged
Original text
Submissions under this rule may not include matters that relate to the character of a crime victim unless such matters were admitted as evidence at trial.
Current text
Submissions under this rule may not include matters that relate to the character of a crime victim unless such matters were admitted as evidence at trial.
1106(b)(2)|D
unchanged
Original text
See also R.C.M. 1109(d)(3)(C)(ii). For purposes of this provision, the term “crime victim” has the same meaning as the term “victim of an offense under this chapter” in Article 6b.
Current text
See also R.C.M. 1109(d)(3)(C)(ii). For purposes of this provision, the term “crime victim” has the same meaning as the term “victim of an offense under this chapter” in Article 6b.
1106(c)
unchanged
Original text
Access to court-martial record.
Upon request by the defense, trial counsel shall provide the accused or counsel for the accused a copy of the recording of all open sessions of the court-martial, and copies of, or access to, the evidence admitted at the court-martial, and the appellate exhibits. Such access shall not include sealed or classified court-martial material or recordings unless authorized by a military judge upon a showing of good cause. A military judge shall issue appropriate protective orders when authorizing such access.
Current text
Access to court-martial record.
Upon request by the defense, trial counsel shall provide the accused or counsel for the accused a copy of the recording of all open sessions of the court-martial, and copies of, or access to, the evidence admitted at the court-martial, and the appellate exhibits. Such access shall not include sealed or classified court-martial material or recordings unless authorized by a military judge upon a showing of good cause. A military judge shall issue appropriate protective orders when authorizing such access.
1106(c)|D
unchanged
Original text
The record of trial is not certified until after entry of judgment. This rule allows the defense to have access to the court-martial recordings and evidence in a timely manner in order to submit matters to the convening authority for consideration in deciding whether to take action on either the findings or sentence. See R.C.M. 1109 and 1110.
Current text
The record of trial is not certified until after entry of judgment. This rule allows the defense to have access to the court-martial recordings and evidence in a timely manner in order to submit matters to the convening authority for consideration in deciding whether to take action on either the findings or sentence. See R.C.M. 1109 and 1110.
1106(d)
unchanged
Original text
Time periods.
Current text
Time periods.
1106(d)(1)
unchanged
Original text
General and special courts-martial.
After a trial by general or special court-martial, the accused may submit matters to the convening authority under this rule within ten days after the sentence is announced.
Current text
General and special courts-martial.
After a trial by general or special court-martial, the accused may submit matters to the convening authority under this rule within ten days after the sentence is announced.
1106(d)(2)
unchanged
Original text
Summary courts-martial.
After a trial by summary court-martial, the accused may submit matters under this rule within seven days after the sentence is announced.
Current text
Summary courts-martial.
After a trial by summary court-martial, the accused may submit matters under this rule within seven days after the sentence is announced.
1106(d)(3)
unchanged
Original text
Rebuttal.
In a case where a crime victim has submitted matters under R.C.M. 1106A, the accused shall have five days from receipt of those matters to submit any matters in rebuttal. Such a response shall be limited to addressing matters raised in the crime victim’s submissions.
Current text
Rebuttal.
In a case where a crime victim has submitted matters under R.C.M. 1106A, the accused shall have five days from receipt of those matters to submit any matters in rebuttal. Such a response shall be limited to addressing matters raised in the crime victim’s submissions.
1106(d)(4)
unchanged
Original text
Extension of time.
Current text
Extension of time.
1106(d)(4)(A)
unchanged
Original text
If, within the period described in paragraph (1) or (2), the accused shows that additional time is required for the accused to submit matters, the convening authority may, for good cause, extend the period for not more than 20 days.
Current text
If, within the period described in paragraph (1) or (2), the accused shows that additional time is required for the accused to submit matters, the convening authority may, for good cause, extend the period for not more than 20 days.
1106(d)(4)(B)
unchanged
Original text
For purposes of this rule, good cause for an extension ordinarily does not include the need to obtain matters that reasonably could have been presented at the court-martial.
Current text
For purposes of this rule, good cause for an extension ordinarily does not include the need to obtain matters that reasonably could have been presented at the court-martial.
1106(d)(4)(B)|D
unchanged
Original text
If at the time a victim makes a submission under R.C.M. 1106A the accused has not yet made a submission, the accused’s submission may include any matters permitted by R.C.M. 1106(b) in addition to matters in rebuttal under R.C.M. 1106(d)(1)(3).
Current text
If at the time a victim makes a submission under R.C.M. 1106A the accused has not yet made a submission, the accused’s submission may include any matters permitted by R.C.M. 1106(b) in addition to matters in rebuttal under R.C.M. 1106(d)(1)(3).
1106(e)
unchanged
Original text
Waiver.
Current text
Waiver.
1106(e)(1)
unchanged
Original text
Failure to submit matters.
Failure to submit matters within the time prescribed by this rule waives the right to submit such matters.
Current text
Failure to submit matters.
Failure to submit matters within the time prescribed by this rule waives the right to submit such matters.
1106(e)(2)
unchanged
Original text
Submission of matters.
Submission of any matters under this rule shall be deemed a waiver of the right to submit additional matters unless the right to submit additional matters within the prescribed time limits is expressly reserved in writing.
Current text
Submission of matters.
Submission of any matters under this rule shall be deemed a waiver of the right to submit additional matters unless the right to submit additional matters within the prescribed time limits is expressly reserved in writing.
1106(e)(3)
unchanged
Original text
Written waiver.
The accused may expressly waive, in writing, the right to submit matters under this rule. Once submitted, such a waiver may not be revoked.
Current text
Written waiver.
The accused may expressly waive, in writing, the right to submit matters under this rule. Once submitted, such a waiver may not be revoked.
1106(e)(4)
unchanged
Original text
Absence of accused.
If the accused does not submit matters under this rule as a result of an unauthorized absence, the accused shall be deemed to have waived the right to submit matters under this rule.
Current text
Absence of accused.
If the accused does not submit matters under this rule as a result of an unauthorized absence, the accused shall be deemed to have waived the right to submit matters under this rule.
“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.