Objections Must Be Timely Made
Overview of why objections must be timely made in article 32 pretrial investigation:
- Defects discovered during the investigation. RCM 405(h)(2).
- Must be raised promptly. Allows Government to take curative action.
- Errors not promptly raised are waived absent a showing of good cause. RCM 405(k).
- IO is not required to rule on the objection.
- Objection must be noted in the report of investigation, if requested.
- IO may require the objection to be in writing.
- Defects in the report of investigation. RCM 405(j)(4).
- Objections must be made to the appointing authority.
- Must be made within five days of receipt of report by accused.
- Failure to raise the objection within 5 days is a waiver absent good cause. RCM 405(k).
- NOTE: Appointing authority not precluded from referring the charges or taking other action within the five days.
- 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).