Mode and order of examining witnesses

and presenting evidence (a) Control by the Military Judge; Purposes. The military judge should exercise reasonable control over the mode and order of examining witnesses and presenting evidence so as to: (1) make those procedures effective for determining the truth; (2) avoid wasting time; and III-40 (3) protect witnesses from harassment or undue embarrassment. (b) Scope of Cross-Examination. Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness’ credibility. The military judge may allow inquiry into additional matters as if on direct examination. (c) Leading Questions. Leading questions should not be used on direct examination except as necessary to develop the military judge should allow leading questions: testimony. Ordinarily, the witness’ (1) on cross-examination; and (2) when a party calls a hostile witness or a witness identified with an adverse party. (d) Remote live testimony of a child. (1) In a case involving domestic violence or a case involving the abuse of a child, the military judge must, subject to the requirements of subdivision (d)(3) of this rule, allow a child victim or child witness to testify from an area outside the courtroom as prescribed in R.C.M. 914A. (2) Definitions. As used in this rule: (A) “Child” means a person who is under the age of 16 at the time of his or her testimony. (B) “Abuse of a child” means the physical or injury, sexual abuse or exploitation, or mental negligent treatment of a child. (C) “Exploitation” means child pornography or child prostitution. (D) “Negligent treatment” means the failure to provide, for reasons other than poverty, adequate food, clothing, shelter, or medical care so as to endanger seriously the physical health of the child. (E) “Domestic violence means conduct that may constitute an offense under Article 128b, UCMJ (3) Remote live testimony will be used only where the military judge makes the following three findings on the record: (A) that it is necessary to protect the welfare of the particular child witness; (B) that the child witness would be traumatized, not by the courtroom generally, but by the presence of the accused; and (C) that the emotional distress suffered by the child witness in the presence of the accused is more than de minimis. (4) Remote live testimony of a child will not be used when the accused elects to absent himself from the courtroom in accordance with R.C.M. 804(d). (5) In making a determination under subdivision (d)(3), the military judge may question the child in chambers, or at some comfortable place other than the courtroom, on the record for a reasonable period of time, in the presence of the child, a representative of the prosecution, a representative of the defense, and the child’s attorney or guardian ad litem.