§949p–2 — Title 10 Armed Forces | U.S. Code

Summary

Either side can ask for a pretrial conference about classified information after charges are served. The military judge must quickly hold the conference, and can also call one on the judge’s own. If a party asks, parts of the meeting can be held privately with only one side present to protect classified material, following federal CIPA practice. At the conference, the judge will set deadlines for discovery, the notice required under section 949p–5, and starting the process in section 949p–6. The judge may also deal with other classified‑info issues or anything that helps make the trial fair and faster. Any admission made there cannot be used against the accused unless it is in writing and signed by the accused and their lawyer.

Title 10, §949p–2

Armed Forces — Source: USLM XML via OLRC

(a)At any time after service of charges, any party may move for a pretrial conference to consider matters relating to classified information that may arise in connection with the prosecution.

(b)Following a motion under subsection (a), or sua sponte, the military judge shall promptly hold a pretrial conference. Upon request by either party, the court shall hold such conference ex parte to the extent necessary to protect classified information from disclosure, in accordance with the practice of the Federal courts under the Classified Information Procedures Act (18 U.S.C. App.).

(c)(1)At the pretrial conference, the military judge shall establish the timing of—

(A)requests for discovery;

(B)the provision of notice required by section 949p–5 of this title; and

(C)the initiation of the procedure established by section 949p–6 of this title.

(2)At the pretrial conference, the military judge may also consider any matter—

(A)which relates to classified information; or

(B)which may promote a fair and expeditious trial.

(d)No admission made by the accused or by any counsel for the accused at a pretrial conference under this section may be used against the accused unless the admission is in writing and is signed by the accused and by the counsel for the accused.

Editorial Notes

References in Text

The Classified Information Procedures Act, referred to in subsec. (b), is Pub. L. 96–456, Oct. 15, 1980, 94 Stat. 2025, which is set out in the Appendix to Title 18, Crimes and Criminal Procedure.

§949p–2 Pretrial conference

Summary

Title 10, §949p–2

Notes & Related Subsidiaries

Editorial Notes

References in Text

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