Rule 101

    1. Scope. The Military Rules of Evidence are applicable to courts-martial,
      including summary courts-martial, to the extent and exceptions stated in Rule
      1101.
    2. Rule 1101.

military defense lawyers353Rule 1101. Applicability of rules

    1. 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.
    2. Rules of privilege. The rules with respect to privileges in Section III and V apply to all stages of all actions, cases, and proceedings.
    3. 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.
    4. 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).
  1. 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).

Rules of privilege

Rules inapplicable