Page 248 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 9951

(d) fvfajor changes after referral or preliminary hearing.
( 1) After referral, a major change may not be made over the objection of the accused unless
the charge or specification is withdrawn, amended, and referred anew-.
(2) In the case of a general comi-martial, a major change made to a charge or specification
after the preliminary hearing may require reopening the preliminary hearing in accordance with
R.C.M. 405.
(e)Minor changes after re.feJTal. Minor changes may be made to the charges and specifications
after referral and before arraignment. After arraignment, the military judge may, upon motion,
permit minor changes in the charges and specifications at any time before findings are
announced if no substantial right of the accused is prejudiced.

Rule 604. Withdrawal of charges
(a) Withdrawal. The convening authority or a superior competent authority may for any reason
cause any charges or specifications to be withdrawn from a court-martial at any time before
findings are announced.
(b) Referral qfwithdrmvn charges. Charges that have been withdrawn from a court-martial may
be referred to another court-martial unless the withdrawal was for an improper reason. Charges
withdrawn after the introduction of evidence on the general issue of guilt may be referred to
another court-martial only if the withdrawal was necessitated by urgent and unforeseen military
necessity.

Rule 701. Discovery
(a) Disclosure by trial counsel. Except as otherwise provided in subsection (f) and paragraph
(g)(2) of this rule, and unless previously disclosed to the defense in accordance with R.C.M.
404A, trial counsel shall provide the following to the defense:
(1) Papers accompm7;ying charges; convening orders; statements. As soon as practicable
after service of charges under R.C.M. 602, trial counsel shall provide the defense with copies
ot: or, if extraordinary circumstances make it impracticable to provide copies, permit the
defense to inspect:
(A) All papers that accompanied the charges when they were refetTed to the court-
martial, including papers sent with charges upon a rehearing or new trial;
(B) The convening order and any amending orders; and
(C) Any sworn or signed statement relating to an offense charged in the case that is in the
possession oftrial counseL
(2) Documents, tangible objects, reports.
(A) Mter service of charges, upon request of the defense, the Government shall pennit
the defense to inspect any books, papers, documents, data, photographs, tangible objects,
buildings, or places, or copies of portions of these items, if the item is within the possession,
custody, or control of military authorities and-
(i) the item is relevant to defense preparation;
(ii) the govemment intends to use the item in the case-in-chief at trial;
(iii) the government anticipates using the item in rebuttal; or
(iv) the item was obtained from or belongs to the accused.
(B) After service of charges, upon request of the defense, the Government shall permit
the defense to inspect the results or reports of physical or mental examinations, and of any
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scientific tests or experiments, or copies thereof, which are within the possession, custody, or

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