Military judge’s responsibilities; other

matters (a) Responsibilities of military judge. The military judge is the presiding officer in a court-martial. The military judge shall: (1) Determine the time and uniform for each session of a court-martial; (2) Ensure that the dignity and decorum of the proceedings are maintained; (3) Subject to the UCMJ and this Manual, exercise reasonable control over the proceedings to promote the purposes of these rules and this Manual; (4) Rule on all interlocutory questions and all questions of law raised during the court-martial as provided under subsection (e); (5) Instruct the members on questions of law and is procedure which may arise; and (6) At the military judge’s discretion, in the case of a victim of an offense under the UCMJ who is under 18 years of age and not a member of the armed forces, or incompetent, incapacitated, or deceased, who designate the legal guardian(s) of the victim or the representative(s) of family members, or any other person deemed as suitable by the military judge to assume the victim’s rights under the UCMJ. the victim’s estate, (A) The military judge is not required to hold a hearing before determining whether a designation is required or before making such a designation under this rule. (B) If the military judge determines a hearing under Article 39(a), UCMJ, is necessary, the victim shall be notified of the hearing and afforded the right to be present at the hearing. (C) The individual designated shall not be the accused. (D) At any time after appointment, a designee shall be excused upon request by the designee or a finding of good cause by the military judge. (E) If the individual appointed to assume the victim’s rights is excused, the military may designate a successor consistent with this rule. (b) Rules of court; contempt. The military judge may: (1) Subject to R.C.M. 108, promulgate and enforce rules of court. (2) Subject to R.C.M. 809, exercise contempt power. (c) Obtaining evidence. The court-martial may act to obtain evidence in addition to that presented by the parties. The right of the members to have additional evidence obtained is subject to an interlocutory ruling by the military judge. (d) Uncharged offenses. If during the trial there is evidence that the accused may be guilty of an untried offense not alleged in any specification before the court-martial, the court-martial shall proceed with the trial of the offense charged. (e) Interlocutory questions and questions of law. (1) Rulings by the military judge. (A) Finality of rulings. Any ruling by the military judge upon a question of law, including a motion for a finding of not guilty, or upon any interlocutory question is final. (B) Changing a ruling. The military judge may change a ruling made by that or another military judge in the case except a previously granted motion for a finding of not guilty, at any time during the trial. (C) Article 39(a) sessions. When required by this Manual or otherwise deemed appropriate by the military judge, interlocutory questions or questions of law shall be presented and decided at sessions held without members under R.C.M. 803. (2) [Reserved] (3) [Reserved] (4) Standard of proof. Questions of fact in an interlocutory question shall be determined by a preponderance of the evidence, unless otherwise stated in this Manual. In the absence of a rule in this Manual assigning the burden of persuasion, the party making the motion or raising the objection shall bear the burden of persuasion. (5) Scope. Subsection (e) of this rule applies to the disposition of questions of law and interlocutory questions arising during trial except the question whether a challenge should be sustained. (f) Rulings on record. All sessions involving rulings or instructions made or given by the military judge shall be made a part of the record. All rulings and instructions shall be made or given in open session in the presence of the parties and the members, except as otherwise may be determined in the discretion of the military judge. II-55 (g) Effect of failure to raise defenses or objections. Failure by a party to raise defenses or objections or to make requests or motions which must be made at the time set by this Manual or by the military judge under authority of this Manual, or prior to any extension thereof made by the military judge, shall constitute forfeiture unless the applicable rule provides that failure to raise the defense or objection constitutes waiver. this subsection shall waive