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9972 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

including a motion for a finding of not guilty, or upon any interlocutory question is final.
(B) Changing a ruling. The military judge may change a ruling made by that or another
military judge in the case except a previously granted motion for a finding of not guilty, at any
time during the trial.
(C) Article 39(a) sessions. When required by this Manual or othervlise deemed appropriate
by the military judge, interlocutory questions or questions of law shall be presented and decided
at sessions held without members under R.C.M. 803.
(2) [Reserved]
(3) [Reserved]
( 4) Standard of proof Questions of fact in an interlocutory question shall be determined
by a preponderance of the evidence, unless otherwise stated in this ManuaL In the absence of
a rule in this Manual assigning the burden of persuasion, the party making the motion or
raising the objection shall bear the burden of persuasion.
(5) Scope. Subsection (e) of this rule applies to the disposition of questions oflaw and
interlocutory questions arising during trial except the question whether a challenge should be
sustained.
(f) Rulings on record. All sessions involving rulings or instructions made or given by the
military judge shall be made a part of the record. All rulings and instructions shall be made or
given in open session in the presence of the parties and the members, except as otherwise may
be determined in the discretion of the military judge.
(g) Effect tlfailure to raise defenses or objections. Failure by a party to raise defenses or
objections or to make requests or motions which must be made at the time set by this Manual or
by the military judge under authority ofthis Manual, or prior to any extension thereof made by
the military judge, shall constitute forfeiture unless the applicable rule provides that failure to
raise the defense or objection constitutes waiver.

Rule 802. Conferences
(a) in general. The military judge may, upon request of any party or sua sponte, order one or
more conferences with the parties to consider such matters as will promote a fair and
expeditious triaL Such conferences may take place before or after referral, as applicable.
(b) A1atters on record Conferences need not be made part of the record, but matters agreed upon
at a conference shall be included in the record orally or in writing. Failure of a party to object at
trial to failure to comply with this subsection shall waive this requirement
(c) Rights ojparties. No party may be prevented under this rule from presenting evidence or from
making any argument, objection, or motion at trial.
(d) Accused's presence. The presence of the accused is neither required nor prohibited at a
conference.
(e) Admission. No admissions made by the accused or defense counsel at a conference shall be
used against the accused unless the admissions are reduced to writing and signed by the accused
and defense counsel.
(f) Limitations. This rule shall not be invoked in the case of an accused who is not represented by
counsel.

Rule 803. Court-martial sessions without members under Article 39(a)
A military judge who has been detailed to the court-martial may, under Article 39(a), after
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service of charges, call the court -martial into session without the presence of members. Such
sessions may be held before and after assembly of the court-martial, and when authorized in

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