Change in Article 32 discovery

Because the President has signed the National Defense Authorization Act, subpeona’s duce tecum can now be issued for production of documents at an Article 32, UCMJ, hearing.  Section 542 amends Article 47, UCMJ.  The relevant piece is:

(1) in subsection (a)–

(A) in paragraph (1), by striking “board;” and inserting “board, or has been duly issued a subpeona duces tecum for an investigation pursuant to section 832(b) of this title (article 32(b);” and . . .

(2) in subsection (c), by striking “or board” and inserting “board or convening authority”.

This should be read in conjunction with R.C.M. 405(f) which is the self-contained discovery rules for an Article 32 and 405(g) regarding availability of evidence.

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