Rule 1101. Applicability of rules
- Rules applicable. Except as otherwise provided in this Manual, these rules apply generally to all courts-martial, including summary courts-martial; to proceedings pursuant to Article 39(a); to limited fact-finding proceedings ordered on review; to proceedings in revision; and to contempt proceedings
except those in which the judge may act summarily.
- Rules of privilege. The rules with respect to privileges in Section III and V apply to all stages of all actions, cases, and proceedings.
- Rules relaxed. The application of these rules may be relaxed in sentencing proceedings as
provided under R.C.M. 1001 and otherwise as provided in this manual.
- Rules inapplicable. These rules (other than with respect to privileges and MRE 412) do not apply
in investigative hearings pursuant to Article 32; proceedings for vacation of suspension of
sentence pursuant to Article 72; proceedings for search authorizations; proceedings involving
pretrial restraint; and in other proceedings authorized under the code or this Manual and not listed
in subdivision (a).
- Secondary Sources. Rule 101 (b). If not otherwise prescribed in the Manual or
rules, courts-martial will first apply the rules of evidence recognized in the trial
of criminal cases in the United States district courts; and secondly, the rules of
evidence at common law. United States v. Toy, 65 M.J. 405, 410 (2008).