MJ-012 · MILITARY JUSTICE
Discovery, Motions, Pleas & Pretrial Agreements
MJ-012: The pretrial litigation record determines what evidence is produced, what witnesses or experts are available, which legal issues are preserved, and whether the case proceeds by contested trial or plea agreement.
Controlling authorities
Working procedure
- Build a discovery log identifying requests, responses, supplements, withheld material, protective orders and disputes.
- Separate witness production from expert assistance and expert-witness production.
- Calendar motion deadlines and preserve written motions, responses, exhibits, Article 39(a) litigation and rulings.
- For pleas, preserve the plea, inquiry, stipulations, plea agreement and any rejected or modified terms.
- Check current R.C.M. text before relying on a saved MCM because post-publication amendments can change motion and production procedure.
Records to preserve
Discovery requests and responses; production requests; expert requests; subpoenas; motions; hearing exhibits; rulings; plea agreements; stipulations; plea-inquiry records.
Version control
Match the offense date, procedural date, service, forum and filing date to the governing UCMJ text, MCM/R.C.M./M.R.E. version, later presidential amendments, service rule and court rule. The 2024 MCM remains the current published edition, but later operative amendments must be checked before treating it as complete current procedure.
Registry sources: SRC-173; SRC-174; SRC-175 · Last verified: October 4, 2026 · Review cadence: 14 days
