In a military court case, who may ask to testify as a witness, and what subjects must the court let them address if they are examined?
General information · Not legal advice
Material to check
In a practice file, we read the victim's or legal representative's written application to be examined, the court's notice of attendance sent to the applicant, and the existing trial record, since it shows what the person has already said in the proceedings.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the duty as conditional but firm: on an application by the victim or their legal representative, and where the victim has died, by a spouse, lineal relative or sibling, the military court must examine that person as a witness, and on that examination must give an opportunity to state the degree and result of the harm, an opinion on the defendant's punishment, and other opinions on the case.
Another reading stresses the limits written into the provision: the court need not examine the person if they have already given sufficient testimony in the trial procedure and no further statement is needed, or if their testimony risks markedly delaying the trial, so the opportunity to address those subjects arises only where the examination takes place at all.
Your judgment
When an application has been made, how could the record show whether the person's earlier testimony was already sufficient, or whether another statement would markedly delay the trial?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to change who may apply or the grounds for declining, or if a court decision explains what counts as sufficient prior testimony or a marked risk of delay.