Who may ask to inspect or copy the documents and evidence relating to a disposition, and what must they obtain before doing so?
General information · Not legal advice
Material to check
In a practice file we read the request made to the military judge listing the documents and exhibits sought, the permission granted in response, and the disposition papers the request is tied to, since the provision covers only documents and evidence relating to that disposition.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision at its word: a military prosecutor, the defendant, the suspect or defence counsel may inspect or copy documents and evidence relating to the disposition, but only with the military judge's permission and only as to that disposition.
Another reading notes what the provision leaves open: it names who may ask and that permission is needed, but sets no grounds for refusal, no time limit and no form of request, so the scope of inspection rests on the military judge's permission in the individual case.
Your judgment
If permission is granted only in part, how should the file show which documents and exhibits were opened and which were withheld?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may inspect or to set conditions for permission, or if a decision clarifies how far documents and evidence relating to the disposition reach.