Objections Must Be Timely Made

Overview of why objections must be timely made in article 32 pretrial investigation:

  1. Objections Must Be Timely MadeDefects discovered during the investigation. RCM 405(h)(2).
    1. Must be raised promptly. Allows Government to take curative action.
    2. Errors not promptly raised are waived absent a showing of good cause. RCM 405(k).
    3. IO is not required to rule on the objection.
    4. Objection must be noted in the report of investigation, if requested.
    5. IO may require the objection to be in writing.
  2. Defects in the report of investigation. RCM 405(j)(4).
    1. Objections must be made to the appointing authority.
    2. Must be made within five days of receipt of report by accused.
    3. Failure to raise the objection within 5 days is a waiver absent good cause. RCM 405(k).
    4. NOTE: Appointing authority not precluded from referring the charges or taking other action within the five days.
  3. If error is alleged erroneous denial of witness, defense may be required to request deposition in order to preserve objection. United States v. Chuculate, 5 M.J. 143 (C.M.A. 1978).