What is the Military Rules of Evidence (MRE) 603?

The Military Rules of Evidence (MRE) 603 is a set of rules governing the admissibility of evidence in court-martials and other military legal proceedings in California. It is based on the federal rules of evidence, but modified to meet the special needs of military practice. MRE 603 states that a witness testifying in court-martial proceedings must be “competent” or qualified to testify. The competency requirement includes factors such as age, mental and physical fitness, knowledge of the facts, and other related qualifications. Additionally, the witness must be sworn-in or affirmed prior to being allowed to give testimony. The MRE 603 also outlines the situations where a witness may not be able to provide testimony because of some impairment, such as mental incapacity or duress. If a court-martial finds that a witness is not competent to testify or has been prevented from testifying due to such circumstances, the witness’ testimony will not be admitted. MRE 603 further provides that a witness should have knowledge of the cases before the court and be prepared to give testimony regarding those cases. Additionally, the witness must not be prevented from providing testimony due to an emotional state that would render the testimony unreliable. Finally, the MRE 603 requires that the witness have personal knowledge of the facts, and that the testimony be given freely and voluntarily. Witnesses found to have lied during their testimony, or to have given testimony under pressure or threats, will not be allowed to testify.

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What is the Military Rules of Evidence (MRE) 603?

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