Page 435 - Trump Executive Orders 2017-2021

10138 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(b) Rules Relaxed. The application of these rules may be relaxed in presentencing proceedings as
provided under R.C.M. 1001 and otherwise as provided in this Manual.
(c) Rules on Privilege. The rules on privilege apply at all stages of a case or proceeding.
(d) Exceptions. Unless otherwise provided for in this Manual, these rules-except for Mil. R.
Evid. 412 and those on privilege-do not apply to the following:
(1) the military judge's determination, under Rule 104(a), on a preliminary question of fact
governing admissibility;
(2) preliminary hearings under Article 32;
(3) proceedings for vacation of suspension of sentence under Article 72; and
(4) miscellaneous actions and proceedings related to search authorizations, pretrial restraint,
pretrial confinement, or other proceedings authorized under the Unifmm Code ofMilitmy Justice
or this Manual that are not listed in subdivision (a).

Rule 1102. Amendments
(a) General Rule. Amendments to the Federal Rules of Evidence-other than Articles ITT and
V-will amend parallel provisions of the Military Rules of Evidence by operation of law 18
months after the effective date of such amendments, unless action to the contrary is taken by the
President.
(b) Rules Determined Not to Apply. The President has determined that the following Federal
Rules of Evidence do not apply to the Military Rules of Evidence: Rules 301, 302, 415, and
902(12).

Rule 1103. Title
These rules may be cited as the Military Rules of Evidence.

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