Summary of changes

R.C.M. 703 — Production of witnesses and 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 R.C.M. in one view.

6 amended 0 added 0 removed 78 unchanged 6 authority-backed edits · recorded 2026-07-14 – 2026-07-14

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Provisions
703(c)(2)(D) amended
Version history
Original text
Determination.
Trial counsel shall arrange for the presence of any witness listed by the defense unless trial counsel contends that the witness’ production is not required under this rule. If trial counsel contends that the witness’ production is not required by this rule, the matter may be submitted to the military judge. If the military judge grants a motion for a witness, trial counsel shall produce the witness or the proceedings shall be abated.
Current text
Determination.
Trial counsel shall arrange for the presence of any witness listed by the defense unless trial counsel contends that the witness's production is not required under this rule. If trial counsel contends that the witness's production is not required by this rule, the matter may be submitted to the military judge. For good cause shown, the submission by the defense may be made by ex parte motion. If the military judge grants a motion for a witness, the trial counsel shall produce the witness or the proceedings may be abated.
All changes since the original (removed / added)
Determination.
Trial counsel shall arrange for the presence of any witness listed by the defense unless trial counsel contends that the witness’witness's production is not required under this rule. If trial counsel contends that the witness’witness's production is not required by this rule, the matter may be submitted to the military judge. For good cause shown, the submission by the defense may be made by ex parte motion. If the military judge grants a motion for a witness, the trial counsel shall produce the witness or the proceedings shallmay be abated.
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: . . . (s) R.C.M. 703(c)(2)(D) is amended to read as follows: "(D) Determination. Trial counsel shall arrange for the presence of any witness listed by the defense unless trial counsel contends that the witness's production is not required under this rule. If trial counsel contends that the witness's production is not required by this rule, the matter may be submitted to the military judge. For good cause shown, the submission by the defense may be made by ex parte motion. If the military judge grants a motion for a witness, the trial counsel shall produce the witness or the proceedings may be abated." admin
Determination.
Trial counsel shall arrange for the presence of any witness listed by the defense unless trial counsel contends that the witness’witness's production is not required under this rule. If trial counsel contends that the witness’witness's production is not required by this rule, the matter may be submitted to the military judge. For good cause shown, the submission by the defense may be made by ex parte motion. If the military judge grants a motion for a witness, the trial counsel shall produce the witness or the proceedings shallmay be abated.
703(d)(2)(B) amended
Version history
Original text
If the military judge grants a motion for the appointment or employment of a defense expert witness or consultant, the expert witness or consultant, or an adequate substitute, shall be provided in accordance with regulations prescribed by the Secretary concerned. In the absence of advance approval by an official authorized to grant such approval under the regulations prescribed by the Secretary concerned, expert witnesses and consultants may not be paid fees other than those to which they are entitled under R.C.M. 207(g)(3)(E).
Current text
If the military judge grants a motion for the appointment or employment of a defense expert witness or consultant, the expert witness or consultant, or an adequate substitute, shall be provided in accordance with regulations prescribed by the Secretary concerned. In the absence of advance approval by an official authorized to grant such approval under the regulations prescribed by the Secretary concerned, expert witnesses and consultants may not be paid fees other than those to which they are entitled under R.C.M. 703(g)(3)(G).
All changes since the original (removed / added)
If the military judge grants a motion for the appointment or employment of a defense expert witness or consultant, the expert witness or consultant, or an adequate substitute, shall be provided in accordance with regulations prescribed by the Secretary concerned. In the absence of advance approval by an official authorized to grant such approval under the regulations prescribed by the Secretary concerned, expert witnesses and consultants may not be paid fees other than those to which they are entitled under R.C.M. 207(g)(3)(E).703(g)(3)(G).
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: . . . (t) R.C.M. 703(d)(2)(B) is amended to read as follows: "(B) If the military judge grants a motion for the appointment or employment of a defense expert witness or consultant, the expert witness or consultant, or an adequate substitute, shall be provided in accordance with regulations prescribed by the Secretary concerned. In the absence of advance approval by an official authorized to grant such approval under the regulations prescribed by the Secretary concerned, expert witnesses and consultants may not be paid fees other than those to which they are entitled under R.C.M. 703(g)(3)(G)." admin
If the military judge grants a motion for the appointment or employment of a defense expert witness or consultant, the expert witness or consultant, or an adequate substitute, shall be provided in accordance with regulations prescribed by the Secretary concerned. In the absence of advance approval by an official authorized to grant such approval under the regulations prescribed by the Secretary concerned, expert witnesses and consultants may not be paid fees other than those to which they are entitled under R.C.M. 207(g)(3)(E).703(g)(3)(G).
703(g)(3)(C)(ii) amended
Version history
Original text
Subpoenas for personal or confidential information about a victim.
After preferral, a subpoena requiring the production of personal or confidential information about a victim named in a specification may be served on an individual or organization by those authorized to issue a subpoena under R.C.M. 703(g)(3)(E) or with the consent of the victim. Before issuing a subpoena under this provision and unless there are exceptional circumstances, the victim must be given notice so that the victim can move for relief under R.C.M 703(g)(3)(I) or otherwise object.
Current text
Subpoenas for personal or confidential information about a victim.
Subpoenas for personal or confidential information about a victim. After preferral, a subpoena requiring the production of personal or confidential information about a victim may be served on an individual or organization by those authorized to issue a subpoena under R.C.M. 703(g)(3)(E) or with the consent of the victim. Before issuing a subpoena under this provision and unless there are exceptional circumstances, the victim must be given timely notice so that the victim can move for relief under R.C.M. 703(g)(3)(I) or otherwise object.
All changes since the original (removed / added)
Subpoenas for personal or confidential information about a victim.
Subpoenas for personal or confidential information about a victim. After preferral, a subpoena requiring the production of personal or confidential information about a victim named in a specification may be served on an individual or organization by those authorized to issue a subpoena under R.C.M. 703(g)(3)(E) or with the consent of the victim. Before issuing a subpoena under this provision and unless there are exceptional circumstances, the victim must be given timely notice so that the victim can move for relief under R.C.MR.C.M. 703(g)(3)(I) or otherwise object.
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: . . . (u) R.C.M. 703(g)(3)(C)(ii) is amended to read as follows: "(ii) Subpoenas for personal or confidential information about a victim. After preferral, a subpoena requiring the production of personal or confidential information about a victim may be served on an individual or organization by those authorized to issue a subpoena under R.C.M. 703(g)(3)(E) or with the consent of the victim. Before issuing a subpoena under this provision and unless there are exceptional circumstances, the victim must be given timely notice so that the victim can move for relief under R.C.M. 703(g)(3)(I) or otherwise object." admin
Subpoenas for personal or confidential information about a victim.
Subpoenas for personal or confidential information about a victim. After preferral, a subpoena requiring the production of personal or confidential information about a victim named in a specification may be served on an individual or organization by those authorized to issue a subpoena under R.C.M. 703(g)(3)(E) or with the consent of the victim. Before issuing a subpoena under this provision and unless there are exceptional circumstances, the victim must be given timely notice so that the victim can move for relief under R.C.MR.C.M. 703(g)(3)(I) or otherwise object.
703(g)(3)(I) amended
Version history
Original text
Relief.
If a person subpoenaed requests relief on grounds that compliance is unreasonable, oppressive, or prohibited by law, the military judge or, if before referral, a military judge detailed under Article 30a, shall review the request and shall—
Current text
Relief.
If either a person subpoenaed or a victim whose personal or confidential information has been subpoenaed under subparagraph (g)(3)(C)(ii) requests relief on grounds that compliance is unreasonable, oppressive, or prohibited by law, the military judge or, if before referral, a military judge detailed under Article 30a shall review the request and shall—
All changes since the original (removed / added)
Relief.
If either a person subpoenaed or a victim whose personal or confidential information has been subpoenaed under subparagraph (g)(3)(C)(ii) requests relief on grounds that compliance is unreasonable, oppressive, or prohibited by law, the military judge or, if before referral, a military judge detailed under Article 30a,30a shall review the request and shall—
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: . . . (v) R.C.M. 703(g)(3)(I) is amended to read as follows: "(I) Relief. If either a person subpoenaed or a victim whose personal or confidential information has been subpoenaed under subparagraph (g)(3)(C)(ii) requests relief on grounds that compliance is unreasonable, oppressive, or prohibited by law, the military judge or, if before referral, a military judge detailed under Article 30a shall review the request and shall— (i) order that the subpoena be modified or quashed, as appropriate; or (ii) order the person to comply with the subpoena." admin
Relief.
If either a person subpoenaed or a victim whose personal or confidential information has been subpoenaed under subparagraph (g)(3)(C)(ii) requests relief on grounds that compliance is unreasonable, oppressive, or prohibited by law, the military judge or, if before referral, a military judge detailed under Article 30a,30a shall review the request and shall—
703(g)(3)(I)(i) amended text identical
Version history
Original text
order that the subpoena be modified or quashed, as appropriate; or
Current text
order that the subpoena be modified or quashed, as appropriate; or
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: . . . (v) R.C.M. 703(g)(3)(I) is amended to read as follows: (i) order that the subpoena be modified or quashed, as appropriate; or (ii) order the person to comply with the subpoena." admin
703(g)(3)(I)(ii) amended text identical
Version history
Original text
order the person to comply with the subpoena.
Current text
order the person to comply with the subpoena.
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: . . . (v) R.C.M. 703(g)(3)(I) is amended to read as follows: (i) order that the subpoena be modified or quashed, as appropriate; or (ii) order the person to comply with the subpoena." admin

“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.