Summary of changes

R.C.M. 309 — Pre-referral judicial proceedings

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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.

1 amended 0 added 0 removed 28 unchanged 1 authority-backed edit · recorded 2026-07-14 – 2026-07-14
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Provisions
309(b)(3) amended
Version history
Original text
Requests for relief from subpoena or other process.
A person in receipt of a pre-referral investigative subpoena under R.C.M. 703(g)(3)(C), a victim named in a specification whose personal and confidential information has been subpoenaed under R.C.M. 703(g)(3)(C)(ii), a service provider in receipt of a warrant or court order to disclose information about wire or electronic communications under R.C.M. 703A(a), or a person ordered to sit for a deposition under R.C.M. 702(b)(2) may request relief on grounds that compliance with the subpoena, warrant, or order is unreasonable, oppressive, or prohibited by law. The military judge shall review the request and shall either order the person or service provider to comply with the subpoena, warrant, or order, or modify or quash the subpoena, warrant, or order, as appropriate. In a proceeding under this paragraph, the United States shall be represented by an authorized counsel for the Government.
Current text
Requests for relief from subpoena or other process.
A person in receipt of a pre referral investigative subpoena under R.C.M. 703(g)(3)(C), a victim whose personal or confidential information has been subpoenaed under 703(g)(3)(C)(ii), a service provider in receipt of a warrant or court order to disclose information about wire or electronic communications under R.C.M. 703A(a), or a person ordered to sit for a deposition under R.C.M. 702(b)(2) may request relief on grounds that compliance with the subpoena, warrant, or order is unreasonable, oppressive, or prohibited by law. The military judge shall review the request and shall either order the person or service provider to comply with the subpoena, warrant, or order, or modify or quash the subpoena, warrant, or order, as appropriate. In a proceeding under this paragraph, the United States shall be represented by an authorized counsel for the Government.
All changes since the original (removed / added)
Requests for relief from subpoena or other process.
A person in receipt of a pre-referralpre referral investigative subpoena under R.C.M. 703(g)(3)(C), a victim named in a specification whose personal andor confidential information has been subpoenaed under R.C.M. 703(g)(3)(C)(ii), a service provider in receipt of a warrant or court order to disclose information about wire or electronic communications under R.C.M. 703A(a), or a person ordered to sit for a deposition under R.C.M. 702(b)(2) may request relief on grounds that compliance with the subpoena, warrant, or order is unreasonable, oppressive, or prohibited by law. The military judge shall review the request and shall either order the person or service provider to comply with the subpoena, warrant, or order, or modify or quash the subpoena, warrant, or order, as appropriate. In a proceeding under this paragraph, the United States shall be represented by an authorized counsel for the Government.
Step-by-step: 1 recorded edit
VersionDateAuthorityNoteEditor
v2 2026-07-14 Exec. Order 14130 (Dec. 20, 2024) (Executive Order, eff. 2024-12-20) Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (g) R.C.M. 309(b)(3) is amended to read as follows: “(3) Requests for relief from subpoena or other process. A person in receipt of a pre referral investigative subpoena under R.C.M. 703(g)(3)(C), a victim whose personal or confidential information has been subpoenaed under 703(g)(3)(C)(ii), a service provider in receipt of a warrant or court order to disclose information about wire or electronic communications under R.C.M. 703A(a), or a person ordered to sit for a deposition under R.C.M. 702(b)(2) may request relief on grounds that compliance with the subpoena, warrant, or order is unreasonable, oppressive, or prohibited by law. The military judge shall review the request and shall either order the person or service provider to comply with the subpoena, warrant, or order, or modify or quash the subpoena, warrant, or order, as appropriate. In a proceeding under this paragraph, the United States shall be represented by an authorized counsel for the Government.” admin
Requests for relief from subpoena or other process.
A person in receipt of a pre-referralpre referral investigative subpoena under R.C.M. 703(g)(3)(C), a victim named in a specification whose personal andor confidential information has been subpoenaed under R.C.M. 703(g)(3)(C)(ii), a service provider in receipt of a warrant or court order to disclose information about wire or electronic communications under R.C.M. 703A(a), or a person ordered to sit for a deposition under R.C.M. 702(b)(2) may request relief on grounds that compliance with the subpoena, warrant, or order is unreasonable, oppressive, or prohibited by law. The military judge shall review the request and shall either order the person or service provider to comply with the subpoena, warrant, or order, or modify or quash the subpoena, warrant, or order, as appropriate. In a proceeding under this paragraph, the United States shall be represented by an authorized counsel for the Government.

“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.