Summary of changes
R.C.M. 914A — Use of remote live testimony of a child
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
9 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
914A(a)
unchanged
Original text
General procedures.
A child shall be allowed to testify out of the presence of the accused after the military judge has determined that the requirements of Mil. R. Evid. 611(d)(3) have been satisfied. The procedure used to take such testimony will be determined by the military judge based upon the exigencies of the situation. At a minimum, the following procedures shall be observed:
Current text
General procedures.
A child shall be allowed to testify out of the presence of the accused after the military judge has determined that the requirements of Mil. R. Evid. 611(d)(3) have been satisfied. The procedure used to take such testimony will be determined by the military judge based upon the exigencies of the situation. At a minimum, the following procedures shall be observed:
914A(a)(1)
unchanged
Original text
The witness shall testify from a remote location outside the courtroom;
Current text
The witness shall testify from a remote location outside the courtroom;
914A(a)(2)
unchanged
Original text
Attendance at the remote location shall be limited to the child, counsel for each side (not including an accused pro se), equipment operators, and other persons, such as an attendant for the child, whose presence is deemed necessary by the military judge;
Current text
Attendance at the remote location shall be limited to the child, counsel for each side (not including an accused pro se), equipment operators, and other persons, such as an attendant for the child, whose presence is deemed necessary by the military judge;
914A(a)(3)
unchanged
Original text
Sufficient monitors shall be placed in the courtroom to allow viewing and hearing of the testimony by the military judge, the accused, the members, the court reporter, and the public;
Current text
Sufficient monitors shall be placed in the courtroom to allow viewing and hearing of the testimony by the military judge, the accused, the members, the court reporter, and the public;
914A(a)(4)
unchanged
Original text
The voice of the military judge shall be transmitted into the remote location to allow control of the proceedings; and
Current text
The voice of the military judge shall be transmitted into the remote location to allow control of the proceedings; and
914A(a)(5)
unchanged
Original text
The accused shall be permitted private, contemporaneous communication with his counsel.
Current text
The accused shall be permitted private, contemporaneous communication with his counsel.
914A(b)
unchanged
Original text
Definition.
As used in this rule, “remote live testimony” includes, but is not limited to, testimony by video teleconference, closed circuit television, or similar technology.
Current text
Definition.
As used in this rule, “remote live testimony” includes, but is not limited to, testimony by video teleconference, closed circuit television, or similar technology.
914A(c)
unchanged
Original text
Prohibitions.
The procedures described in this rule shall not be used where the accused elects to absent himself from the courtroom pursuant to R.C.M. 804(c)(1).
Current text
Prohibitions.
The procedures described in this rule shall not be used where the accused elects to absent himself from the courtroom pursuant to R.C.M. 804(c)(1).
__pending_4fb22d0093581977
unchanged
Original text
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 cannot see and hear each other.
Current text
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 cannot see and hear each other.
“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.