Page 276 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 9979

were declared invalid because of lack of jurisdiction or failure of a charge to state an offense.
The authority ordering an "other trial" shall state in the action the basis for declaring the
proceedings invalid.
(f) Remands.
(1) In general. A Court of Criminal Appeals may order a remand for additional fact finding,
or for other reasons, in order to address a substantial issue on appeal. A remand under this
subsection is generally not appropriate to determine facts or investigate matters which could,
through a party's exercise of reasonable diligence, have been investigated or considered at trial.
Such orders shall be directed to the Chief Trial Judge. The Judge Advocate General, or his or
her delegate, shall designate a general court-martial convening authority who shall provide
support for the hearing.
(2) Detailing C?f militmyjudge. When the Court of Criminal Appeals orders a remand, the
Chief Trial Judge shall detail an appropriate military judge to the matter and shall notify the
commanding officer exercising general comt-martial convening authority over the accused of
the remand.
(3) Remand impracticable. If the general court-martial convening authority designated under
paragraph (1) determines that the remand is impractical due to military exigencies or other
reasons, a Government appellate attorney shall so notify the Court of Criminal Appeals. Upon
receipt of such notification, the Court of Criminal Appeals may take any action authorized by
law that does not materially prejudice the substantial rights of the accused.

Rule 811. Stipulations
(a) in general. The parties may make an oral or written stipulation to any fact, the contents of a
document, or the expected testimony of a witness.
(b) Authority to reject. The military judge may, in the interest of justice, decline to accept a
stipulation.
(c) Requirements. Before accepting a stipulation in evidence, the military judge must be satisfied
that the parties consent to its admission.
(d) Withdrawal. A party may withdraw from an agreement to stipulate or from a stipulation at
any time before a stipulation is accepted; the stipulation may not then be accepted. After a
stipulation has been accepted a party may withdraw from it only if pennitted to do so in the
discretion of the military judge.
(e) F}ject of stipulation. Unless properly withdrawn or ordered stricken from the record, a
stipulation of fact that has been accepted is binding on the court-martial and may not be
contradicted by the parties thereto. The contents of a stipulation of expected testimony or of a
document's contents may be attacked, contradicted, or explained in the same way as if the
witness had actually so testified or the document had been actually admitted. The fact that the
parties so stipulated does not admit the truth of the indicated testimony or document's contents,
nor does it add anything to the evidentiary nature of the testimony or document. The Military
Rules of Evidence apply to the contents of stipulations.
(f) Procedure. When offered, a written stipulation shall be presented to the military judge and
shall be included in the record whether accepted or not Once accepted, a written stipulation of
expected testimony shall be read to the members, if any, but shall not be presented to them; a
written stipulation of fact or of a document's contents may be read to the members, if any,
presented to them, or both. Once accepted, an oral stipulation shall be announced to the
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members, if any.