By virtue of the authority vested in me by the Uniform Code of Military Justice (title 10, United States Code, ch. 47), and as President of the United States, I hereby prescribe the following amendments to the Manual for Courts-Martial United States, 1969 (revised edition), prescribed by Executive Order No. 11476, as amended by Executive Order 11835 and Executive Order No. 12018.
PART A. MILITARY RULES OF EVIDENCE
Chapter 27 is amended to read as follows:
CHAPTER XXVII. MILITARY RULES OF EVIDENCE
TABLE OF CONTENTS
SECTION I. GENERAL PROVISIONS
Rule 101. Scope.
(a) Applicability.
(b) Secondary sources.
(c) Rule of construction.
Rule 102. Purpose and Construction.
Rule 103. Rulings on Evidence.
(a) Effect of erroneous ruling.
(1) Objection.
(2) Offer of proof.
(b) Record of offer and ruling.
(c) Hearing of members.
(d) Plain error.
Rule 104. Preliminary Questions.
(a) Questions of admissibility generally.
(b) Relevancy conditioned on fact.
(c) Hearing of members.
(d) Testimony by accused.
(e) Weight and credibility.
Rule 105. Limited Admissibility.
Rule 106. Remainder of or Related Writings or Recorded Statements.
SECTION II. JUDICIAL NOTICE
Rule 201. Judicial Notice of Adjudicative Facts.
(a) Scope of rule.
(b) Kinds of facts.
(c) When discretionary.
(d) When mandatory.
(e) Opportunity to be heard.
(f) Time of taking notice.
(g) Instructing members.
Rule 201 A. Judicial Notice of Law.
(a) Domestic law.
(b) Foreign law.
SECTION III. EXCLUSIONARY RULES AND RELATED MATTERS CONCERNING SELF-INCRIMINATION, SEARCH AND SEIZURE, AND EYEWITNESS IDENTIFICATION
Rule 301. Privilege Concerning Compulsory Self-Incrimination.
(a) General rule.
(b) Standing.
(1) In general.
(2) Judicial advice.
(c) Exercise of the privilege.
(1) Immunity generally.
(2) Notification of immunity or leniency.
(d) Waiver by a witness.
(e) Waiver by the accused.
(f) Effect of claiming the privilege.
(1) Generally.
(2) On cross-examination.
(3) Pretrial.
(g) Instructions.
Rule 302. Privilege Concerning Mental Examination of an Accused.
(a) General rule.
(b) Exceptions.
(c) Release of evidence.
(d) Noncompliance by the accused.
Rule 303. Degrading Questions.
Rule 304. Confessions and Admissions.
(a) General rule.
(b) Exception.
(c) Definitions.
(1) Confession.
(2) Admission.
(3) Involuntary.
(d) Procedure.
(1) Disclosure.
(2) Motions and objections.
(3) Specificity.
(4) Rulings.
(5) Effect of guilty plea.
(e) Burden of proof.
(1) In general.
(2) Weight of the evidence.
(3) Derivative evidence.
(f) Defense evidence.
(g) Corroboration.
(1) Quantum of evidence needed.
(2) Procedure.
(h) Miscellaneous.
(1) Oral statements.
(2) Completeness.
(3) Certain admissions by silence.
Rule 305. Warnings About Rights.
(a) General rule.
(b) Definitions.
(1) Persons subject to the Uniform Code of Military Justice.
(2) Interrogation.
(c) Counsel rights and warnings.
(1) General rule.
(2) Counsel.
(d) Notice to counsel.
(e) Exercise of rights.
(f) Waiver.
(1) General rule.
(2) Counsel.
(g) Nonmilitary interrogations.
(1) General rule.
(2) Foreign interrogations.
Rule 306. Statements by One of Several Accused.
Rule 311. Evidence Obtained from Unlawful Searches and Seizures.
(a) General rule.
(1) Objection.
(2) Adequate interest.
(b) Exception.
(c) Nature of search or seizure.
(1) Military personnel or their agents.
(2) Other officials or agents.
(3) Officials of a foreign government or their agents.
(d) Motions to suppress and objections.
(1) Disclosure.
(2) Motion or objection.
(3) Specificity.
(4) Rulings.
(e) Burden of proof.
(1) In general.
(2) Derivative evidence.
(f) Defense evidence.
(g) Scope of motions and objections challenging probable cause.
(1) Generally.
(2) False statements.
(h) Objections to evidence seized unlawfully.
(i) Effect of guilty plea.
Rule 312. Bodily Views and Intrusions.
(a) General rule.
(b) Visual inspections of the body.
(1) Consensual.
(2) Involuntary.
(c) Intrusion into body cavities.
(1) For purposes of seizure.
(2) For purpose of search.