Stipulations

(a) In general. The parties may make an oral or written stipulation to any fact, the contents of a document, or the expected testimony of a witness. (b) Authority to reject. The military judge may, in the interest of justice, decline to accept a stipulation. (c) Requirements. Before accepting a stipulation in evidence, the military judge must be satisfied that the parties consent to its admission. (d) Withdrawal. A party may withdraw from an agreement to stipulate or from a stipulation at any time before a stipulation is accepted; the stipulation may not then be accepted. After a stipulation has been accepted a party may withdraw from it only if permitted to do so in the discretion of the military judge. (e) Effect of stipulation. Unless properly withdrawn or ordered stricken from the record, a stipulation of fact that has been accepted is binding on the court-martial and may not be contradicted by the parties thereto. The contents of a stipulation of expected testimony or of a document’s contents may be attacked, contradicted, or explained in the same way as if the witness had actually so testified or the document had been actually admitted. The fact that the parties so stipulated does not admit testimony or document’s contents, nor does it add anything to the evidentiary nature of the testimony or document. The Military Rules of Evidence apply to the contents of stipulations. (f) Procedure. When offered, a written stipulation shall be presented to the military judge and shall be included in the record whether accepted or not. Once accepted, a written stipulation of expected testimony shall be read to the members, if any, but shall not be presented to them; a written stipulation of fact or of a document’s contents may be read to the members, if any, presented to them, or both. Once accepted, an oral stipulation shall be announced to the members, if any. indicated truth of the the