What is the Military Rules of Evidence (MRE) 407?

Military Rules of Evidence (MRE) 407 states that evidence of a statement offered to prove the truth of the matter asserted is not admissible if it was made by a person who is deceased. In Mississippi, this rule applies to all military cases, except for those involving claims against the United States, which are subject to a separate set of rules. MRE 407 applies to the admission of statements in all military proceedings, regardless of the forum or jurisdiction. The rule was designed to protect the ability of a court to assess the credibility of a statement made by a witness, and to prevent evidence that is unreliable or hearsay from being admitted. By excluding hearsay evidence, the rule supports an accurate and fair adjudication of military offenses. While MRE 407 is an important rule of evidence in military cases, it is not absolute. Courts have discretion to allow admission of certain hearsay statements if there is a compelling reason to do so. For example, if a statement made by a deceased person is relevant and reliable, the court could allow its admission to ensure a fair trial.

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What is the Military Rules of Evidence (MRE) 407?

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