MJ-013 · MILITARY JUSTICE

Military Rules of Evidence

MJ-013: The Military Rules of Evidence govern admissibility in courts-martial and must be read from the correct MCM/amendment set.

Start with the controlling authority

Working procedure

  1. Identify the evidentiary issue by rule family: relevance/prejudice, privileges, witnesses, character, hearsay, experts, authentication, statements/confessions, searches/seizures, or victim-related evidence.
  2. Use the M.R.E. version applicable to the proceeding and check later executive-order amendments.
  3. Preserve notices, motions in limine, offers of proof, exhibits, expert requests/reports, objections, and rulings.
  4. Separate admissibility from the underlying truth or weight of the evidence.
  5. For appellate research, preserve the standard of review and prejudice analysis used by the reviewing court.

Records to preserve

MREC-12 legal proceedings; MREC-09 medical records when relevant; MREC-17 personal evidence with provenance.

Version and service discipline

Military justice is version-sensitive. Match the offense date, procedural date, service, forum, and filing date to the governing statute, MCM/R.C.M./M.R.E. version, presidential amendments, service regulation, and court rules. The 2024 MCM must be checked against later operative amendments before treating it as complete current procedure.

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