- The hearing is non-adversarial. AR 27-10, para. 3-18g(2). Neither the Soldier nor spokesperson (or retained lawyer) may examine or cross-examine witnesses unless allowed by the commander; however, the Soldier or spokesperson or lawyer can indicate to the imposing commander the relevant issues or questions that they would like to be explored or asked.
- In the commander’s presence unless extraordinary circumstances. AR 27-10, para. 3- 18(g)(1).
- Rules of evidence. MCM, pt. V, para. 4c(3); AR 27-10, para. 3-18j. Nonjudicial Punishment (NJP)
- Commander is not bound by the formal rules of evidence, except for the rules pertaining to privileges.
- May consider any matter the commander believes relevant (including, e.g. unsworn statements and hearsay).
- But beware that if the Soldier turns down the Art. 15, the Military Rules of Evidence will apply at a court-martial.
- Proof beyond a reasonable doubt required. AR 27-10, para. 3-18l.