Definitions and rules of construction

and The rules following of definitions construction apply throughout this Manual, unless otherwise expressly provided. (1) “Appellate military judge” means a judge of a Court of Criminal Appeals. (2) “Article” refers to articles of the Uniform Code of Military Justice unless the context indicates otherwise. (3) “Capital case” means a general court-martial to which a capital offense has been referred with an instruction that the case be treated as capital, and, in the case of a rehearing or new or other trial, for which offense death remains an authorized punishment under R.C.M. 810(d). (4) “Capital offense” means an offense for which death is an authorized punishment under the UCMJ and Part IV of this Manual or under the law of war. (5) “Commander” means a commissioned officer in command or an officer in charge except in Part V or unless the context indicates otherwise. (6) “Convening authority” includes a commissioned officer time being and for successors in command. (7) “Copy” means an accurate reproduction, how- in command the ever made. Whenever necessary and feasible, a copy may be made by handwriting. (8) “Court-martial” includes, depending on the context: (A) The military judge and members of a general or special court-martial; (B) The military judge when a session of a general or special court-martial is conducted without members under Article 39(a); (C) The military judge when a request for trial by j u d g e a l o n e h a s b e e n a p p r o v e d military u n d e r R.C.M. 903; (D) The military judge when the case is referred as a special court-martial consisting of a military judge alone under Article 16(c)(2)(A); or (E) The summary court-martial officer. (9) “Days.” When a period of time is expressed in a number of days, the period shall be in calendar days, unless otherwise specified. Unless otherwise specified, the date on which the period begins shall not count, but the date on which the period ends shall count as one day. (10) “Detail” means to order a person to perform a specific temporary duty, unless the context indicates otherwise. (11) “Explosive” means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuzes (other than electrical circuit breakers), detonators, and other detonating agents, smokeless powders, any explosive bomb, grenade, missile, or similar device, and any incendiary bomb or grenade, fire bomb, or similar device, and any other compound, mixture, or device which is an explosive within the meaning of 18 U.S.C. § 232(5) or 844(j). (12) “Firearm” means any weapon which is designed to or may be readily converted to expel any projectile by the action of an explosive. (13) “Joint” in connection with military organization connotes activities, operations, organizations, and the like in which elements of more than one military service of the same nation participate. (14) “Members.” The members of a court-martial are the voting members detailed by the convening II-1 authority. (15) “Military judge advocate judge” means a designated under Article 26(c) who is detailed under Article 26(a) or Article 30a to preside over a general or special court-martial or proceeding before referral. In the context of a summary court-martial, “military judge” means the summary court-martial officer. In the context of a pre-referral proceeding or a special court- martial consisting of a military judge alone, “military judge” includes a military magistrate designated under Article 19 or Article 30a. (16) “Military magistrate” means a commissioned officer of the armed forces certified under Article 26a who is performing duties under Article 19 or 30a. (17) “Party.” in the context of parties to a court-martial or other proceeding under these rules, means: (A) The accused and any defense or associate or assistant defense counsel and agents of the defense counsel when acting on behalf of the accused with respect to the court-martial or proceeding in question; and (B) Any trial or assistant trial counsel representing the United States, and agents of the trial counsel or such counsel when acting on behalf of the United States with respect to the court-martial or proceeding in question. (18) “Staff judge advocate” means a judge advocate so designated in th e Army, Air Force, or Marine Corps, and means the principal legal advisor of a command in the Navy and Coast Guard who is a judge advocate. (19) “Sua sponte” means that the person involved acts on that person’s initiative, without the need for a request, motion, or application. (20) “UCMJ” refers to the Uniform Code of Military Justice. (21) “War, time of.” For purpose of R.C.M. 1004(c)(6) and of implementing the applicable para- graphs of Parts IV and V of this Manual only, “time of war” means a period of war declared by Congress, or the factual determination by the President that the existence of hostilities warrants a finding that a “time of war” exists for purposes of R.C.M. 1004(c)(6) and Parts IV and V of this Manual. (22) The terms “writings” and “recordings” have the same meaning as in Mil. R. Evid. 1001. (23) The definitions and rules of construction in 1 U.S.C. §§ 1 through 5 and in 10 U.S.C. §§ 101 and 801. II-2