(a) In General. Except as otherwise provided in this Manual, these rules apply generally to all courts- martial, including summary courts-martial, Article 39(a) sessions, Article 30a proceedings, remands, proceedings in revision, and contempt proceedings other than contempt proceedings in which the judge may act summarily. (b) Rules Relaxed. The application of these rules may be relaxed in presentencing proceedings as provided under R.C.M. 1001 and otherwise as provided in this Manual. (c) Rules on Privilege. The rules on privilege apply at all stages of a case or proceeding. (d) Exceptions. Unless otherwise provided for in this Manual, these rules—except for Mil. R. Evid. 412 and those on privilege—do not apply to the following: (1) the military judge’s determination, under Rule 104(a), on a preliminary question of fact governing admissibility; (2) preliminary hearings under Article 32; (3) proceedings for vacation of suspension of sentence under Article 72; and III-50
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