Article 32 Pretrial Investigation

Overview of article 32 pretrial investigation:

• Action by the appointing authority
• Alternatives to testimony and evidence
  • Alternatives to Evidence
  • Alternatives to testimony
  • Rule
• APPENDIX – Article 32 Summary
• Participants
  • Accused
  • Appointing Authority
  • Defense counsel
  • Government Representative (Trial Counsel)
  • Investigating Officer (IO)
  • Reporter
• Procedure for conducting the investigation
  • General Procedure
  • Military Rules of Evidence
  • Open vs. Closed Hearing
  • Right to Confrontation
  • Testimony by Witnesses
• Report of investigation
  • Authority
  • Contents
  • Distribution of the Report
  • Form of the Report
• Scope of the investigation
  • Admissibility determinations
  • Burden of PROOF
  • In general
  • Investigation of Uncharged Offenses
  • Non-binding recommendation
• Treatment of defects
  • Motion for Appropriate Relief Must Be Made At Trial
  • Objections Must Be Timely Made
  • Overview
  • Remedy
  • Standards for Motion
• What Are Its Purposes?
  • Discovery as a Purpose
  • Improper Purpose
  • IN GENERAL
  • Preservation of Testimony
  • Statutory Purposes
• What is an Article 32 Pretrial Investigation
• When is an article 32 investigation necessary
  • Exceptions to the article 32 requirement
  • Prerequisite to trial by general court-martial
• Witness and evidence production
  • Available Witnesses
  • Determination of “Reasonable Availability” RCM 405(g)(1)(A)
  • General Rule (RCM 405(g)
  • Unavailable Witnesses and Evidence