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

Military Rules of Evidence (MRE) 407 is a rule that was created to assist courts-martial in the handling of testimony concerning habit or custom. This rule allows a witness to testify as to a “frequent response or course of action” of an organization or individual in a given situation in order to show that it is a pattern of behavior that can be used as evidence. In Utah, MRE 407 is the driving force behind a significant portion of the evidence presented in a court-martial. This rule not only allows evidence to be admitted that would otherwise be considered hearsay, but also allows for a specific kind of evidence to be admitted that would otherwise be excluded. The significance of this rule is that it allows more evidence to be presented than otherwise would have been. For example, a witness in a trial in Utah can testify as to the usual response or course of action taken by an organization or individual in a particular situation. This allows for more evidence to be included in the court-martial, and therefore a more accurate representation of the evidence available. Overall, MRE 407 is an important rule in Utah and other state court-martials that allows for a wider variety of evidence to be admitted. This rule helps to ensure fair trials by allowing evidence that would otherwise be inadmissible to be used. Additionally, it assists in providing a full and accurate representation of the evidence available.

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