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How far may a military court proceed by ruling or order without oral argument, and who may investigate the facts behind it?

General information · Not legal advice

Material to check

In a practice file we read the court's written ruling or order and note whether any hearing preceded it, then any record of a fact investigation carried out while the ruling or order was being made, and which judge performed it.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading holds that a ruling or order may be made without going through oral argument at all, while judgments take oral argument unless the law provides otherwise, so nothing requires a hearing before the written instrument issues.

Another reading stresses who may carry out the fact investigation the court finds necessary: it may be directed to a military judge, and it may be commissioned to a military judge of another military court or to a district court judge, while the provision leaves open who decides that the investigation is needed and how far it must go.

Your judgment

Where a fact investigation was commissioned to a judge of another court, what in the file shows the matter the court asked that judge to look into?

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 be directed or commissioned, or if a court decision explains when a ruling or order requires a fact investigation.

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