Pleadings Generally. Amendments. R.C.M. 603

Pleadings Generally. Amendments. R.C.M. 603

Pleadings Generally. Amendments. R.C.M. 603

  1. bestmilitarydefensedefenseattorneys9.57.18PMTypes of changes. R.C.M. 603(a).
    1. Major change. Adds a party, offense, or substantial matter not fairly included in those previously preferred, or which is likely to mislead the accused.
    2. Minor changes. All other changes.
  2. Making minor changes.
    1. Before arraignment. Any person forwarding, acting upon, or prosecuting the charges can make minor changes before arraignment. R.C.M. 603(b).
    2. After arraignment. After arraignment, the military judge may,Global Military Justice Reform Blog upon motion, permit minor changes any time before findings. R.C.M. 603(c).
  3. Making Major Changes.
    1. Changes other than minor changes maybe made over the objection of the accused unless the charge or specification is preferred anew. R.C.M. 603(d).
    2. Applications.
      1. Conspiracy. United States v. Moreno, 46 M.J. 216 (C.A.A.F. 1997) (holding that accused’s ability to prepare a defense was not prejudiced by a change to conspiracy specification the day before trial despite major change).
      2. Matters in aggravation. United States v. Smith, 49 M.J. 269 (C.A.A.F. 1998) (holding that amendment to larceny specification adding “military property” was a major change, but error was not prejudicial).
      3. Disobedience. United States v. Longmire , 39 M.J. 536 (A.C.M.R. 1994) (change to person issuing order and document used to issue order was major change).
      4. General Article. United States v. Sullivan , 42 M.J. 360 (C.A.A.F. 1995) (change from clause three to clause two offense on day of trial was a minor change).