Summary of changes
Rule 104 — Preliminary questions
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
8 unchanged
No changes recorded for this Rule —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
104(a)
unchanged
Original text
In general.
The military judge must decide any preliminary question about whether a witness is available or qualified, a privilege exists, a continuance should be granted, or evidence is admissible. In so deciding, the military judge is not bound by evidence rules, except those on privilege.
Current text
In general.
The military judge must decide any preliminary question about whether a witness is available or qualified, a privilege exists, a continuance should be granted, or evidence is admissible. In so deciding, the military judge is not bound by evidence rules, except those on privilege.
104(b)
unchanged
Original text
Relevance that Depends on a Fact.
When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The military judge may admit the proposed evidence on the condition that the proof be introduced later. A ruling on the sufficiency of evidence to support a finding of fulfillment of a condition of fact is the sole responsibility of the military judge, except where these rules or this Manual provide expressly to the contrary.
Current text
Relevance that Depends on a Fact.
When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The military judge may admit the proposed evidence on the condition that the proof be introduced later. A ruling on the sufficiency of evidence to support a finding of fulfillment of a condition of fact is the sole responsibility of the military judge, except where these rules or this Manual provide expressly to the contrary.
104(c)
unchanged
Original text
Conducting a Hearing so that the Members Cannot Hear It.
The military judge must conduct any hearing on a preliminary question so that the members cannot hear it if:
Current text
Conducting a Hearing so that the Members Cannot Hear It.
The military judge must conduct any hearing on a preliminary question so that the members cannot hear it if:
104(c)(1)
unchanged
Original text
the hearing involves the admissibility of a statement of the accused under Mil. R. Evid. 301-306;
Current text
the hearing involves the admissibility of a statement of the accused under Mil. R. Evid. 301-306;
104(c)(2)
unchanged
Original text
the accused is a witness and so requests; or
Current text
the accused is a witness and so requests; or
104(c)(3)
unchanged
Original text
justice so requires.
Current text
justice so requires.
104(d)
unchanged
Original text
Cross-Examining the Accused.
By testifying on a preliminary question, the accused does not become subject to cross-examination on other issues in the case.
Current text
Cross-Examining the Accused.
By testifying on a preliminary question, the accused does not become subject to cross-examination on other issues in the case.
104(e)
unchanged
Original text
Evidence Relevant to Weight and Credibility.
This rule does not limit a party's right to introduce before the members evidence that is relevant to the weight or credibility of other evidence.
Current text
Evidence Relevant to Weight and Credibility.
This rule does not limit a party's right to introduce before the members evidence that is relevant to the weight or credibility of other evidence.
“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.