10 U.S.C. § 949p–2: Pretrial conference

Summary

After charges are served, either side can ask for a pretrial meeting to deal with classified information. The military judge must quickly hold the meeting after a request or on the judge’s own motion. The judge can hold part of the meeting in private if needed to protect classified material, following federal practice under the Classified Information Procedures Act (18 U.S.C. App.). The judge will set deadlines for discovery, the notice called for in 949p–5, and starting the process in 949p–6, and may address other classified or trial-speeding issues. No statement the accused makes at that meeting can be used against them unless it is written and signed by the accused and by the accused’s lawyer.

Title 10, §949p–2

Armed Forces, Source: USLM XML via OLRC

(a)Motion.—

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)Conference.—

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)Matters To Be Established at Pretrial Conference.—

(1)Timing of subsequent actions.—

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

(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)Other matters.—

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)Effect of Admissions by Accused at Pretrial Conference.—

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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