Motions Overview in a Military Court Martial
The second half of this chapter covers motions—both the art and science. First addressed is the science,with each rule discussed in detail. Following the rule-by-rule breakdown is a motions waiver checklist. At the end of this chapter is a section on the art of effective motions practice techniques, followed by a series of templates.
- The following Rules for Courts-Martial and Military Rules of Evidence govern motions practice and form the content of this section of the chapter:
- R.C.M. 905. Motions generally.
- R.C.M. 906. Motions for appropriate relief.
- R.C.M. 907. Motions to dismiss.
- R.C.M. 915. Mistrial.
- R.C.M. 917. Motion for a finding of not guilty.
- R.C.M. 1102. Post-trial sessions.
- M.R.E. 304. Confessions and admissions.
- M.R.E. 311. Search and seizure.
- M.R.E. 321. Eyewitness identification.