Page 250 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 9953

question, and the names and addresses of the witnesses upon whom the accused intends to rely
to establish any such defenses.
(3) Documents and tangible items. If the defense requests disclosure under subparagraph
(a)(2)(A) of this rule, upon compliance with such request by the Government, the defense, on
request of trial counsel, shall permit trial counsel to inspect and to copy or photograph books,
papers, documents, data, photographs, tangible objects, or copies or portions of any of these
items, or, in the case of buildings or places or portions thereof, inspect or photograph, if-
(A) the item is within the possession, custody, or control of the defense; and
(B) the defense intends to use the item in the defense case-in-chief at triaL
( 4) Reports of examination and tests. If the defense requests disclosure under subsection
(a)(2)(B) of this rule, upon compliance with such request by the Government, the defense, on
request of trial counsel, shall (except as provided in R.C.M. 706, Mil. R. Evid. 302, and Mil.
R. Evid. 513) permit trial counsel to inspect the results or reports of any physical or mental
examinations and of any scientific tests or experiments made in connection with the particular
case, or copies thereof, if the item is within the possession, custody, or control of the defense;
and-
(A) the defense intends to use the item in the defense case-in-chief at trial; or
(B) the item was prepared by a witness who the defense intends to call at trial and the
results or reports relate to that witness' testimony.
(5) Tnadmissihility t?fwithdrawn defense. If an intention to rely upon a defense under
paragraph (b )(2) of this rule is withdrawn, evidence of such intention and disclosures by the
accused or defense counsel made in connection with such intention is not, in any court-
martial, admissible against the accused who gave notice of the intention.
(c) r'ailure to call witness. The fact that a witness' name is on a list of expected or intended
witnesses provided to an opposing party, whether required by this rule or not, shall not be ground
for comment upon a failure to call the witness.
(d) Continuing duty to disclose. If~ before or during the court-martial, a party discovers
additional evidence or material previously requested or required to be produced, which is subject
to discovery or inspection under this rule, that party shall promptly notify the other party or the
military judge of the existence of the additional evidence or material.
(e) Access tow itnesses and evidence. Each party shall have adequate opp011unity to prepare its
case and equal opportunity to interview witnesses and inspect evidence, subject to the limitations
in paragraph (e)(l) of this rule. No party may unreasonably impede the access of another party to
a witness or evidence.
( 1) Counsel for the Accused Interview of Victim ofAlleged Offense.
(A) Upon notice by counsel for the Government to counsel for the accused of the name of
an alleged victim of an offense whom counsel for the Government intends to call as a witness at
a proceeding, counsel for the accused, or that lawyer's representative, as defined in Mil. R. Evid.
502(b) (3), shall make any request to interview that victim through the special victims' counsel
or other counsel for the victim, if applicable.
(B) If requested by an alleged victim who is subject to a request for interview under
subparagraph ( e )(1 )(A) of this rule, any interview of the victim by counsel for the accused, or
that lawyer's representative, as defined in MiL R. Evid. 502(b)(3), shall take place only in the
presence of counsel for the Government, counsel for the victim, or if applicable, a victim
advocate.
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(2) [Reserved]