How to use this outline
Explanation of how to use this outline for discovery:
- This outline is set up so that you can go to your respective section (government or defense) and see what you must disclose (even without the other party asking for anything); what you must disclose if the other party asks; and what discovery you can seek from the other party. Look to the other party’s section on mandatory disclosures to see what that party owes you even if you do not ask for anything.
- This outline contains those discovery requirements that are found in the Rules of Practice that relate to the exchange of information between the parties. The Rules of Practice contain other requirements for the exchange of information between the parties and the military judge, to include the exchange of information related to motions. Chapter 5, AR 27-10 also contains requirements for information exchanges with the military judge.
- This outline does not cover Article 32 investigations; however, the Article 32 investigation should be an integrated part of your discovery plan.