Matters submitted by the accused

(a) In general. After a sentence is announced in a court- martial, the accused may submit matters to the convening authority for consideration in the exercise of the convening authority’s powers under R.C.M. 1109, 1110, or 1306. (b) Matters submitted by the accused. (1) Subject to paragraph (2), the accused may submit to the convening authority any matters that may reasonably tend to inform the convening authority’s exercise of discretion under R.C.M. 1109 or 1110. The convening authority is only required to consider written submissions. Submissions are not subject to the Military Rules of Evidence. (2) Submissions under this rule may not include matters that relate to the character of a crime victim unless such matters were admitted as evidence at trial. (c) Access to court-martial record. Upon request by the defense, trial counsel shall provide the accused or counsel for the accused a copy of the recording of all open sessions of the court-martial, and copies of, or access to, the evidence admitted at the court-martial, and the appellate exhibits. Such access shall not include sealed or classified court-martial material or recordings unless authorized by a military judge upon a showing of good cause. A military judge shall issue appropriate protective orders when authorizing such access. (d) Time periods. (1) General and special courts-martial. After a trial by general or special court-martial, the accused may submit matters to the convening authority under this rule within ten days after the sentence is announced. (2) Summary courts-martial. After a trial by summary court-martial, the accused may submit matters under this rule within seven days after the sentence is announced. (3) Rebuttal. In a case where a crime victim has submitted matters under R.C.M. 1106A, the accused shall have five days from receipt of those matters to submit any matters in rebuttal. Such a response shall be limited to addressing matters raised in the crime victim’s submissions. (4) Extension of time. (A) If, within the period described in paragraph (1) or (2), the accused shows that additional time is required for the accused to submit matters, the convening authority may, for good cause, extend the period for not more than 20 days. (B) For purposes of this rule, good cause for an extension ordinarily does not include the need to obtain matters that reasonably could have been presented at the court-martial. (e) Waiver. (1) Failure to submit matters. Failure to submit matters within the time prescribed by this rule waives the right to submit such matters. (2) Submission of matters. Submission of any matters under this rule shall be deemed a waiver of the right to submit additional matters unless the right to submit additional matters within the prescribed time limits is expressly reserved in writing. (3) Written waiver. The accused may expressly waive, in writing, the right to submit matters under this rule. Once submitted, such a waiver may not be revoked. (4) Absence of accused. If the accused does not submit matters under this rule as a result of an unauthorized absence, the accused shall be deemed to have waived the right to submit matters under this rule. Rule 1106A. Matters submitted by crime victim (a) In general. In a case with a crime victim, after a sentence is announced in a court-martial any crime victim of an offense may submit matters to the convening authority for consideration in the exercise of the convening authority’s powers under R.C.M. 1109, 1110, or 1306. (b) Notice to a crime victim. (1) In general. Subject to such regulations as the Secretary concerned may prescribe, trial counsel, or in the case of a summary court-martial, the summary court-martial officer, shall make reasonable efforts to inform crime victims, through counsel, if applicable, of their rights under this rule, and shall advise such crime victims on the procedure for making submissions. (2) Crime victim defined. As used in this rule, the term “crime victim” means an individual who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of an offense of which the accused was found guilty, and on which the convening authority may take action under R.C.M. 1109 or 1110, or the individual’s lawful representative or designee appointed by the military judge under these rules. (c) Matters submitted by a crime victim. (1) Subject to paragraph (2), a crime victim may submit to the convening authority any matters that may reasonably tend to inform the convening authority’s exercise of discretion under R.C.M. 1109 or 1110. The convening authority is only required to consider written submissions. Submissions are not subject to the Military Rules of Evidence. (2) Limitations on submissions. (A) Submissions under this rule may not include II-105 matters that relate to the character of the accused unless such matters were admitted as evidence at trial. (B) The crime victim is entitled to one opportunity to submit matters to the convening authority under this rule. (3) The convening authority shall ensure any matters submitted by a crime victim under this subsection be provided to the accused as soon as practicable. (d) Access to court-martial record. Upon request by a crime victim or crime victim’s counsel, trial counsel shall provide a copy of the recording of all open sessions of the court-martial, and copies of, or access to, the evidence admitted at the court-martial, and the appellate exhibits. Such access shall not include sealed or classified court-martial material or recordings unless authorized by a military judge upon a showing of good cause. A military judge shall issue appropriate protective orders when authorizing such access. (e) Time periods. (1) General and special courts-martial. After a trial by general or special court-martial, a crime victim may submit matters to the convening authority under this rule within ten days after the sentence is announced. (2) Summary courts-martial. After a trial by summary court-martial, a crime victim may submit matters under this rule within seven days after the sentence is announced. (3) Extension of time. (A) If, within the period described in paragraph (1) or (2), the crime victim shows that additional time is required for the crime victim to submit matters, the convening authority may, for good cause, extend the period for not more than 20 days. (B) For purposes of this rule, good cause for an extension ordinarily does not include the need to obtain matters that reasonably could have been obtained prior to the conclusion of the court-martial. (f) Waiver. (1) Failure to submit matters. Failure to submit matters within the time prescribed by this rule waives the right to submit such matters. (2) Written waiver. A crime victim may expressly waive, in writing, the right to submit matters under this rule. Once filed, such a waiver may not be revoked.