New MRE 803(10)

Nope, not yet, but maybe.  Under Mil. R. Evid. 1102, a federal rule of evidence becomes effective in courts-martial 18 months after the federal rule goes into effect, unless the President decides otherwise.  So, blog reports the status of a change to Fed. R. Evid. 803(10), which is intended to address some “confrontation” problems.  I doubt very much the President will object to this rule because it helps the government.  However, there is an interesting part that may be objectionable to the JSC.

(B) if the prosecutor in a criminal case intends to offer a certification, the prosecutor provides written notice of that intent at least 14 days before trial, and the defendant does not object in writing within 7 days of receiving the notice — unless the court sets a different time for the notice or the objection.

It would seem that if the defense did object the prosecution would have to call a witness.  Which is why I think JSC may advocate for this part of the rule not being enforced.  You will recollect that this is the way a number of states deal with forensic reports; notice and objection.

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