Summary of changes
Rule 611 — Mode and order of examining witnesses and presenting 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
22 unchanged
No changes recorded for this Rule —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
611(a)
unchanged
Original text
Control by the Military Judge; Purposes.
The military judge should exercise reasonable control over the mode and order of examining witnesses and presenting evidence so as to:
Current text
Control by the Military Judge; Purposes.
The military judge should exercise reasonable control over the mode and order of examining witnesses and presenting evidence so as to:
611(a)(1)
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Original text
make those procedures effective for determining the truth;
Current text
make those procedures effective for determining the truth;
611(a)(2)
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Original text
avoid wasting time; and
Current text
avoid wasting time; and
611(a)(3)
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Original text
protect witnesses from harassment or undue embarrassment.
Current text
protect witnesses from harassment or undue embarrassment.
611(b)
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Original text
Scope of Cross-Examination.
Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness' credibility. The military judge may allow inquiry into additional matters as if on direct examination.
Current text
Scope of Cross-Examination.
Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness' credibility. The military judge may allow inquiry into additional matters as if on direct examination.
611(c)
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Original text
Leading Questions.
Leading questions should not be used on direct examination except as necessary to develop the witness' testimony. Ordinarily, the military judge should allow leading questions:
Current text
Leading Questions.
Leading questions should not be used on direct examination except as necessary to develop the witness' testimony. Ordinarily, the military judge should allow leading questions:
611(c)(1)
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Original text
on cross-examination; and
Current text
on cross-examination; and
611(c)(2)
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Original text
when a party calls a hostile witness or a witness identified with an adverse party.
Current text
when a party calls a hostile witness or a witness identified with an adverse party.
611(d)
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Original text
Remote live testimony of a child.
Current text
Remote live testimony of a child.
611(d)(1)
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Original text
In a case involving domestic violence or a case involving the abuse of a child, the military judge must, subject to the requirements of subdivision (d)(3) of this rule, allow a child victim or child witness to testify from an area outside the courtroom as prescribed in R.C.M. 914A.
Current text
In a case involving domestic violence or a case involving the abuse of a child, the military judge must, subject to the requirements of subdivision (d)(3) of this rule, allow a child victim or child witness to testify from an area outside the courtroom as prescribed in R.C.M. 914A.
611(d)(2)
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Original text
Definitions.
As used in this rule:
Current text
Definitions.
As used in this rule:
611(d)(2)(A)
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Original text
"Child" means a person who is under the age of 16 at the time of his or her testimony.
Current text
"Child" means a person who is under the age of 16 at the time of his or her testimony.
611(d)(2)(B)
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Original text
"Abuse of a child" means the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child.
Current text
"Abuse of a child" means the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child.
611(d)(2)(C)
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Original text
"Exploitation" means child pornography or child prostitution.
Current text
"Exploitation" means child pornography or child prostitution.
611(d)(2)(D)
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Original text
"Negligent treatment" means the failure to provide, for reasons other than poverty, adequate food, clothing, shelter, or medical care so as to endanger seriously the physical health of the child.
Current text
"Negligent treatment" means the failure to provide, for reasons other than poverty, adequate food, clothing, shelter, or medical care so as to endanger seriously the physical health of the child.
611(d)(2)(E)
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Original text
"Domestic violence" means conduct that may constitute an offense under Article 128b.
Current text
"Domestic violence" means conduct that may constitute an offense under Article 128b.
611(d)(3)
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Original text
Remote live testimony will be used only where the military judge makes the following three findings on the record:
Current text
Remote live testimony will be used only where the military judge makes the following three findings on the record:
611(d)(3)(A)
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Original text
that it is necessary to protect the welfare of the particular child witness;
Current text
that it is necessary to protect the welfare of the particular child witness;
611(d)(3)(B)
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Original text
that the child witness would be traumatized, not by the courtroom generally, but by the presence of the accused; and
Current text
that the child witness would be traumatized, not by the courtroom generally, but by the presence of the accused; and
611(d)(3)(C)
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Original text
that the emotional distress suffered by the child witness in the presence of the accused is more than de minimis.
Current text
that the emotional distress suffered by the child witness in the presence of the accused is more than de minimis.
611(d)(4)
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Original text
Remote live testimony of a child will not be used when the accused elects to absent himself from the courtroom in accordance with R.C.M. 804(d).
Current text
Remote live testimony of a child will not be used when the accused elects to absent himself from the courtroom in accordance with R.C.M. 804(d).
611(d)(5)
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Original text
In making a determination under subdivision (d)(3), the military judge may question the child in chambers, or at some comfortable place other than the courtroom, on the record for a reasonable period of time, in the presence of the child, a representative of the prosecution, a representative of the defense, and the child's attorney or guardian ad litem.
Current text
In making a determination under subdivision (d)(3), the military judge may question the child in chambers, or at some comfortable place other than the courtroom, on the record for a reasonable period of time, in the presence of the child, a representative of the prosecution, a representative of the defense, and the child's attorney or guardian ad litem.
“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.