Motions for appropriate relief

(a) In general. A motion for appropriate relief is a request for a ruling to cure a defect which deprives a party of a right or hinders a party from preparing for trial or presenting its case. (b) Grounds for appropriate relief. The following may be requested by motion for appropriate relief. This list is not exclusive. (1) Continuances. A continuance may be granted only by the military judge. (2) Record of denial of individual military counsel or of denial of request to retain detailed counsel when a request for individual military counsel granted. If a request for military counsel was denied, which denial was upheld on appeal (if available) or if a request to retain detailed counsel was denied when the accused is represented by individual military counsel, and if the accused so requests, the military judge shall ensure that a record of the matter is included in the record of trial, and may make findings. Trial counsel may request a continuance to inform the convening authority of those findings. The military judge may not dismiss the charges or otherwise effectively prevent further proceedings based on this issue. However, the military judge may grant reasonable continuances until the requested military counsel can be made available if the unavailability results from temporary conditions or if the decision of unavailability is in the process of review in administrative channels. (3) Correction of defects the Article 32 in preliminary hearing or pretrial advice. (4) Amendment of charges or specifications. After referral, a charge or specification may not be amended over the accused’s objection except pursuant to R.C.M. 603(d) and (e). (5) Severance of a duplicitous specification into two or more specifications. (6) Bill of particulars. A bill of particulars may be amended at any time, subject to such conditions as justice permits. (7) Discovery and production of evidence and witnesses. (8) Relief from pretrial confinement. Upon a motion for release from pretrial confinement, a victim of an alleged offense committed by the accused has the right to reasonable, accurate, and timely notice of the motion and any hearing, the right to confer with counsel, and the right to be reasonably heard. Inability to reasonably afford a victim these rights shall not delay the proceedings. The right to be heard under this rule includes the right to be heard through counsel. (9) Severance of multiple accused, if it appears that an accused or the Government is prejudiced by a joint or common trial. In a common trial, a severance shall be granted whenever any accused, other than the moving accused, faces charges unrelated to those charged against the moving accused. (10) Severance of offenses. (A) In general. Offenses may be severed, but only to prevent manifest injustice. (B) Capital cases. In a capital case, if the joinder of unrelated non-capital offenses appears to prejudice the accused, the military judge may sever the non- capital offenses from the capital offenses. (11) Change of place of trial. The place of trial may be changed when necessary to prevent prejudice to the rights of the accused or for the convenience of the Government if the rights of the accused are not prejudiced thereby. (12) Unreasonable multiplication of charges. The military judge may provide a remedy, as described in this rule, if he or she finds there has been an unreasonable multiplication of charges as applied to findings or sentence. (A) As applied to findings. Charges that arise from substantially the same transaction, while not legally multiplicious, may still be unreasonably multiplied as applied to findings. When the military judge finds, in his or her discretion, that the offenses have been unreasonably multiplied, the appropriate remedy shall be dismissal of the lesser offenses or merger of the offenses into one specification. that find requires a (B) As applied to sentence. Where the military judge finds that the unreasonable multiplication of charges that focuses more remedy appropriately on punishment than on findings, he or she may is an unreasonable there multiplication of charges as applied to sentence. If the military judge makes such a finding and sentencing is by members, the maximum punishment for those offenses determined to be unreasonably multiplied shall be the maximum authorized punishment of the offense carrying the greatest maximum punishment. If the military judge makes such a finding and sentencing is by military judge, the remedy shall be as set forth in R.C.M. 1002(d)(2). (13) Preliminary ruling on admissibility of evidence. (14) Motions relating responsibility of the accused. to mental capacity or II-67