Summary of changes
Rule 103 — Rulings on evidence
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
103(a)
unchanged
Original text
Preserving a Claim of Error.
A party may claim error in a ruling to admit or exclude evidence only if the error materially prejudices a substantial right of the party and:
Current text
Preserving a Claim of Error.
A party may claim error in a ruling to admit or exclude evidence only if the error materially prejudices a substantial right of the party and:
103(a)(1)
unchanged
Original text
if the ruling admits evidence, a party, on the record:
Current text
if the ruling admits evidence, a party, on the record:
103(a)(1)(A)
unchanged
Original text
timely objects or moves to strike; and
Current text
timely objects or moves to strike; and
103(a)(1)(B)
unchanged
Original text
states the specific ground, unless it was apparent from the context; or
Current text
states the specific ground, unless it was apparent from the context; or
103(a)(2)
unchanged
Original text
if the ruling excludes evidence, a party informs the military judge of its substance by an offer of proof, unless the substance was apparent from the context.
Current text
if the ruling excludes evidence, a party informs the military judge of its substance by an offer of proof, unless the substance was apparent from the context.
103(b)
unchanged
Original text
Not Needing to Renew an Objection or Offer of Proof.
Once the military judge rules definitively on the record admitting or excluding evidence, either before or at trial, a party need not renew an objection or offer of proof to preserve a claim of error for appeal.
Current text
Not Needing to Renew an Objection or Offer of Proof.
Once the military judge rules definitively on the record admitting or excluding evidence, either before or at trial, a party need not renew an objection or offer of proof to preserve a claim of error for appeal.
103(c)
unchanged
Original text
Review of Constitutional Error.
The standard provided in subdivision (a)(2) does not apply to errors implicating the United States Constitution as it applies to members of the Armed Forces, unless the error arises under these rules and subdivision (a)(2) provides a standard that is more advantageous to the accused than the constitutional standard.
Current text
Review of Constitutional Error.
The standard provided in subdivision (a)(2) does not apply to errors implicating the United States Constitution as it applies to members of the Armed Forces, unless the error arises under these rules and subdivision (a)(2) provides a standard that is more advantageous to the accused than the constitutional standard.
103(d)
unchanged
Original text
Military Judge's Statement about the Ruling; Directing an Offer of Proof.
The military judge may make any statement about the character or form of the evidence, the objection made, and the ruling. The military judge may direct that an offer of proof be made in question-and-answer form.
Current text
Military Judge's Statement about the Ruling; Directing an Offer of Proof.
The military judge may make any statement about the character or form of the evidence, the objection made, and the ruling. The military judge may direct that an offer of proof be made in question-and-answer form.
103(e)
unchanged
Original text
Preventing the Members from Hearing Inadmissible Evidence.
In a court-martial composed of a military judge and members, to the extent practicable, the military judge must conduct a trial so that inadmissible evidence is not suggested to the members by any means.
Current text
Preventing the Members from Hearing Inadmissible Evidence.
In a court-martial composed of a military judge and members, to the extent practicable, the military judge must conduct a trial so that inadmissible evidence is not suggested to the members by any means.
103(f)
unchanged
Original text
Taking Notice of Plain Error.
A military judge may take notice of a plain error that materially prejudices a substantial right, even if the claim of error was not properly preserved.
Current text
Taking Notice of Plain Error.
A military judge may take notice of a plain error that materially prejudices a substantial right, even if the claim of error was not properly preserved.
“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.