Court Martial Attorney Mode and Order of Interrogation and Presentation

Rule 611 – Court Martial Attorney Mode and Order of Interrogation and Presentation

Rule 611 is the main source of the military judges authority to control proceedings at court-martial.

Control by the military judge – The military judge should exercise reasonable control over the mode and order of questioning witnesses and introducing evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) prevent needless wastage of time, and (3) safeguard witnesses from harassment or undue embarrassment.
(b) Scope of cross-examination. Cross-examination should be limited to the subject matter of the direct examination and matters affecting the credibility of the witness. The military judge may, in the exercise of discretion, allow questions about additional matters as if on direct examination.
(c) Leading questions. Leading questions should not be used on the direct examination of a witness except as may be required to develop the testimony of the witness. Ordinarily leading questions should be allowed in cross-examination. If a party calls a hostile witness, or a witness identified with an adverse party, interrogation can be by leading questions.