Preliminary questions

(a) In general. The military judge must decide any preliminary question about whether a witness is available or qualified, a privilege exists, a continuance should be granted, or evidence is admissible. In so deciding, the military judge is not bound by evidence rules, except those on privilege. (b) Relevance that Depends on a Fact. When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The military judge may admit the proposed evidence on the condition that the proof be introduced later. A ruling on the sufficiency of evidence to support a finding of fulfillment of a III-1 (1) is generally known universally, locally, or in the area pertinent to the event; or (2) can be accurately and readily determined from reasonably be sources whose accuracy cannot questioned. (c) Taking Notice. The military judge: (1) may take judicial notice whether requested or not; or (2) must take judicial notice if a party requests it and the military judge is supplied with the necessary information. The military judge must inform the parties in open court when, without being requested, he or she takes judicial notice of an adjudicative fact essential to establishing an element of the case. (d) Timing. The military judge may take judicial notice at any stage of the proceeding. (e) Opportunity to Be Heard. On timely request, a party is entitled to be heard on the propriety of taking judicial notice and the nature of the fact to be noticed. If the military judge takes judicial notice before notifying a party, the party, on request, is still entitled to be heard. (f) Instructing the Members. The military judge must instruct the members that they may or may not accept the noticed fact as conclusive.