Scope

(a) Scope. These rules apply to courts-martial proceedings to the extent and with the exceptions stated in Mil. R. Evid. 1101. (b) Sources of Law. In the absence of guidance in this Manual or these rules, courts-martial will apply: (1) First, the Federal Rules of Evidence and the case law interpreting them; and (2) Second, when not inconsistent with subdivision (b)(1), the rules of evidence at common law. (c) Rule of Construction (1) Except as otherwise provided in these rules, the term “military judge” includes: (A) a military magistrate designated to preside at a special court-martial or pre-referral judicial proceeding; and (B) a summary court-martial officer. (2) A reference in these rules to any kind of written material or any other medium includes electronically stored information..