What is the Military Rules of Evidence (MRE)?
The Military Rules of Evidence (MRE) are a set of laws that govern the introduction of evidence in court-martial proceedings in North Carolina. This set of laws is similar to the Federal Rules of Evidence, which governs cases in the civilian court system. The MRE codifies more than 70 rules that determine what evidence is admissible, how evidence is to be gathered, and how evidence is to be presented in a court-martial setting. It also regulates the conduct of witnesses and attorneys at the court-martial. The MRE includes rules governing which documents and spoken testimony are considered reliable, how to authenticate certain types of evidence, when an expert witness can provide testimony, and how testimony is to be taken. There are also rules on how to handle evidence that has been unlawfully obtained or incriminating evidence that the accused has a right to remain silent about. The MRE has been in place since 1984 and is regularly updated to reflect changes in the law, court decisions, and military policy. Each branch of the military has its own set of rules, but they are all based on the same set of principles. Understanding the MRE is essential for a service member facing court-martial proceedings in North Carolina.
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