Military Rules of Evidence Manual

The purpose of this book is to offer assistance not only to military lawyers and judges who use the Military Rules of Evidence in courts-martial, but also to civilian lawyers interested in criminal justice, litigation and evidence.
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9th Edition
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ISBN: 9781522197591
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The purpose of this book is to offer assistance not only to military lawyers and judges who use the Military Rules of Evidence in courts-martial, but also to civilian lawyers interested in criminal justice, litigation and evidence.

In this Ninth Edition, the authors have continued the process of collecting and analyzing all of the important new developments concerning the Military Rules of Evidence that have occurred since the publication of the Seventh Edition.

The format used here is generally the same format originally used when we produced the first edition.

Each Rule receives separate treatment in a four-part format: the official text of each Rule; the authors' editorial comment; the Drafters’ Analysis; and annotated cases.

eBooks, CDs, downloadable content, and software purchases are non-cancellable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis+™ for further legal research options. A valid subscription to Lexis+™ is required to access this content.

Authors / Contributors

Table of Contents

Volume 1 Table of Contents
Dedication
Introduction
Forewords

SECTION I. GENERAL PROVISIONS
Rule 101. Scope
Rule 102. Purpose
Rule 103. Rulings on Evidence
Rule 104. Preliminary Questions
Rule 105. Limiting Evidence That Is Not Admissible Against Other Parties or for Other Purposes
Rule 106. Remainder of or Related Writings or Recorded Statements
SECTION II. JUDICIAL NOTICE
Rule 201. Judicial Notice of Adjudicative Facts
Rule 202. Judicial Notice of Law
SECTION III. EXCLUSIONARY
RULES AND RELATED MATTERS CONCERNING SELF-INCRIMINATION, SEARCH AND SEIZURE, AND EYEWITNESS IDENTIFICATION
Rule 301. Privilege Concerning Compulsory Self-Incrimination
Rule 302. Privilege Concerning Mental Examination of an Accused
Rule 303. Degrading Questions
Rule 304. Confessions and Admissions
Rule 305. Warnings About Rights
Rule 306. Statements by One of Several Accused
Rule 311. Evidence Obtained From Unlawful Searches and Seizures
Rule 312. Body Views and Intrusions
Rule 313. Inspections and Inventories in the Armed Forces
Rule 314. Searches Not Requiring Probable Cause
Rule 315. Probable Cause Searches
Rule 316. Seizures
Rule 317. Interception of Wire and Oral Communications
Rule 321. Eyewitness Identification

Volume 2 Table of Contents

Dedication
Introduction
Forewords
Summary of the 2013 Amendments to the Military Rules of Evidence

SECTION V. PRIVILEGES
Rule 501. Privilege in General
Rule 502. Lawyer-Client Privilege
Rule 503. Communications to Clergy
Rule 504. Marital Privilege
Rule 505. Classified Information
Rule 506. Government Information Other Than Classified Information
Rule 507. Identity of Informants
Rule 508. Political Vote
Rule 509. Deliberations of Courts and Juries
Rule 510. Waiver of Privilege by Voluntary Disclosure
Rule 511. Privileged Matter Disclosed Under Compulsion or Without Opportunity to Claim Privilege
Rule 512. Comment Upon or Inference from Claim of Privilege; Instruction
Rule 513. Psychotherapist-Patient Privilege
Rule 514. Victim Advocate-Victim Privilege
SECTION VI. WITNESSES
Rule 601. Competency to Testify in General
Rule 602. Need for Personal Knowledge
Rule 603. Oath or Affirmation to Testify Truthfully
Rule 604. Interpreter
Rule 605. Military Judge’s Competency as a Witness
Rule 606. Member’s Competency as a Witness
Rule 607. Who May Impeach a Witness
Rule 608. A Witness’s Character for Truthfulness or Untruthfulness
Rule 609. Impeachment by Evidence of a Criminal Conviction
Rule 610. Religious Beliefs or Opinions
Rule 611. Mode and Order of Examining Witnesses and Presenting Evidence
Rule 612. Writing Used to Refresh a Witness’s Memory
Rule 613. Witness’s Prior Statement
Rule 614. Court-Martial’s Calling or Examining a Witness
Rule 615. Excluding Witnesses
SECTION VII. OPINIONS AND EXPERT TESTIMONY
Rule 701. Opinion Testimony by Lay Witnesses
Rule 702. Testimony by Expert Witnesses
Rule 703. Bases of an Expert’s Opinion Testimony
Rule 704. Opinion on an Ultimate Issue
Rule 705. Disclosing the Facts or Data Underlying an Expert’s Opinion
Rule 706. Court-Appointed Expert Witnesses
Rule 707. Polygraph Examinations
SECTION VIII. HEARSAY
Rule 801. Definitions That Apply to This
SECTION; Exclusions from Hearsay
Rule 802. The
Rule Against Hearsay
Rule 803. Exceptions to the
Rule Against Hearsay—Regardless of Whether the
Declarant is Available as a Witness
Exceptions to the Rule Against Hearsay—When the Declarant is Unavailable as a Witness
Hearsay Within Hearsay
Rule 806. Attacking and Supporting the Declarant’s Credibility Residual Exception
SECTION IX. AUTHENTICATION AND IDENTIFICATION
Rule 901. Authenticating or Identifying Evidence
Rule 902. Evidence That Is Self-Authenticating
Rule 903. Subscribing Witness’s Testimony
SECTION X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS
Rule 1001. Definitions That Apply to This Section
Rule 1002. Requirement of the Original
Rule 1003. Admissibility of Duplicates
Rule 1004. Admissibility of Other Evidence of Content
Rule 1005. Copies of Public Records to Prove Content
Rule 1006. Summaries to Prove Content
Rule 1007. Testimony or Statement of a Party to Prove Content
Rule 1008. Functions of the Military Judge and the Members
SECTION XI. MISCELLANEOUS
RULES
Rule 1101. Applicability of these
Rules
Rule 1102. Amendments
Rule 1103. Title

Table of Cases
Index