Defense Counsel Submissions. RCM 1106(f)(4)

“Counsel for the accused may submit, inwriting, corrections or rebuttal to any matter in the recommendation believed to be erroneous, inadequate, or misleading, and may comment on any other matter.”

  1. courtmartialdefenselawyer184United States v. Goode , 1 M.J. 3 (C.M.A. 1975). Service of PTR on the DC isrequired before the CA can take action. DC’s failure to object to errors in PTR response normally waives such errors. See also United States v. Narine , 14 M.J. 55 (C.M.A. 1982).
  2. Response due within 10 days of service of SJAR on both DC and accused and serviceof authenticated ROT on accused, whichever is later.
  3. SJA may approve delay for RCM 1105 (not RCM 1106) matters for up to 20 days;only CA may disapprove. Note the distinction between the timelines and approval and/or disapproval authority when dealing with RCM 1105 vs. RCM 1106 matters. See RCM 1105(c)(1) and RCM 1106(f)(3). Key: serve accused and counsel the authenticated ROT and SJAR at the same time.