militarydefenselawyers249Note that many of these rules have different triggers. In practice, all evidence should be disclosed before arraignment, according to the dates set by the Military Judge. The Military Judge regulates discovery once a case is referred to trial

Government As soon as practicable Papers accompanying after service of charges the charges; convening orders; & statements Government As soon as practicable Evidence that

reasonably tends to be favorable to the defense

Government Before evidence used up Inform accused that

in testing testing may consume all

available samples of evidence (even if that evidence is apparently not exculpatory) Government Defense Request Documents, tangible objects and reports etc. Government Defense notice under Witnesses to rebut RCM 701(b)((1) or (2); certain defenses Before start of trial Government Defense Request Information to be used at sentencing Government Defense Request Uncharged misconduct Government and Defense request or Classified Information Defense government claim of privilege Government Defense Request Privileged information other than classified information Government (claim of Identity of informant privilege); Defense (motion to disclose) Proponent Sufficient advance Notice of intent to notice impeach w/ > 10 year old conviction Government Completion of sanity Mental examination of board accused – distribution of the report Defense Government request Pre-sentencing witnesses and evidence Defense Reciprocal Discovery Documents and tangible (once government has objects responded to earlier defense discovery request,
has affirmatively requested this information pursuant to this rule) Defense Reciprocal Discovery Reports of results of (once government has mental examinations, responded to earlier tests, and scientific defense discovery experiments request,
has affirmatively requested this information pursuant to this rule) Discovery in the Military Justice System Government Before arraignment Prior convictions of accused to be offered on the merits for any reason, including impeachment Government Before arraignment or Immunity within reasonable time before witness testifies Government Before arraignment Statements of accused relevant to case,
of whether government intends to use them Government Before arraignment Property seized from accused Government Before arraignment Identifications of accused Government Before arraignment Capital cases – notice of aggravating factors under RCM 1004(c) Defense Accused to testify in Notice that accused will motion to suppress testify for limited evidence seized from purposes of the motion accused Defense Accused to testify in Notice that accused will motion to suppress out testify for limited of court identification purposes of the motion Discovery in the Military Justice System Government Before start of trial Witnesses in case-in- chief Proponent (normally Minimum of 5 days Rape shield defense) before entry of pleas Government Minimum of 5 days Evidence of similar before scheduled date of crimes (child trial molestation and sexual assault cases) Proponent of witness After witness testifies Production of on direct, on motion of statements concerning opposing party which witness testified (could be CID Agent Activity Summaries; Article 32 tapes; witness interview notes; Administrative board proceedings; confidential informant’s notes, etc. Defense Before trial on the Names of witnesses and merits statements Defense Before trial on the Notice of certain merits defenses (alibi; lack of mental responsibility; innocent ingestion, etc.) Remember that the duty to disclose is a continuing duty. Even if something covered by these rules is discovered after trial, it must be disclosed. “It is at the level of the convening authority that an accused has his best opportunity for relief.”