Presentation of the case on the merits

(a) Preliminary instructions. The military judge may give such preliminary instructions as may be appropriate. If mixed pleas have been entered, the military judge should ordinarily defer informing the members of the offenses to which the accused pleaded guilty until after the findings on the remaining contested offenses have been entered. (b) Opening statements. Each party may make one opening statement the court-martial before presentation of evidence has begun. The defense may elect to make its statement after the prosecution has rested, before the presentation of evidence for the defense. The military judge may, as a matter of discretion, permit the parties to address the court- martial at other times. (c) Presentation of evidence. Each party shall have full opportunity to present evidence. to (1) Order of presentation. Ordinarily the following sequence shall be followed: (A) Presentation of evidence for the prosecution; (B) Presentation of evidence for the defense; (C) Presentation of prosecution evidence in rebuttal; (D) Presentation of defense evidence in surrebuttal; (E) Additional rebuttal evidence in the discretion of the military judge; and (F) Presentation of evidence requested by the military judge or members. (2) Taking testimony. The testimony of witnesses shall be taken orally in open session, unless otherwise provided in this Manual. (3) Views and inspections. The military judge may, as a matter of discretion, permit the court-martial to view or inspect premises or a place or an article or object. Such a view or inspection shall take place only in the presence of all parties, the members (if any), and the military judge. A person familiar with the scene may be designated by the military judge to escort the court-martial. Such person shall perform the duties of escort under oath. The escort shall not testify, but may point out particular features prescribed by the military judge. Any statement made at the view or inspection by the escort, a party, the military judge, or any member shall be made part of the record. (4) Evidence subject to exclusion. When offered evidence would be subject to exclusion upon objection, the military judge may, as a matter of discretion, bring the matter to the attention of the parties and may, in the interest of justice, exclude the evidence without an objection by a party. (5) Reopening case. The military judge may, as a matter of discretion, permit a party to reopen its case after it has rested.