What is a counter-motion in a court-martial?

A counter-motion in a court-martial is a legal strategy used to challenge an accusation brought against a service member. The counter-motion can be used by either the defense or the prosecution in a court-martial. The filing of a counter-motion can vary based on the specific legal proceedings, however, the most common type is a Motion for Summary Judgment. This motion is used to challenge the sufficient legal basis for a case and have the charges either dismissed or severe penalties reduced. Additionally, the defense can use a counter-motion to challenge the evidence presented by the prosecution. Once filed, a counter-motion will be heard and ruled upon by the court-martial panel. This panel is comprised of a military judge and five members of the armed forces, chosen based on their rank and experience. The panel will hear both sides of the counter-motion and take into account the evidence presented. The counter-motion plays an important role in the legal proceedings of a court-martial. It provides a way for both sides to challenge the accusations leveled against them and the evidence provided by the prosecution. This is done to ensure that any possible punishments are appropriate and that all legal proceedings have taken place according to the law.

Related FAQs

What is a military judge?
How is an accused in a court-martial protected from self-incrimination?
What is the Military Rules of Evidence (MRE) 613?
What is the maximum sentence for an offense under the UCMJ?
What is a plea bargain in a court-martial?
What is the Uniform Code of Military Justice (UCMJ) Article 120?
Who has the authority to convene a court-martial?
What is the role of an Army JAG lawyer?
What is the UCMJ Article 77?
What type of offenses can be tried by a special court-martial?

What is a counter-motion in a court-martial?

Related FAQs

Related Blog Posts