N.Y. Comp. Codes R. & Regs. Tit. 9 § 517.11 - Miscellaneous rules
(a)
Applicability of rules.
(1) Rules applicable.
Except as otherwise provided in this Chapter, these rules apply generally to
all courts-martial, including summary courts-martial; to proceedings pursuant
to section 103.39(a); to limited fact finding proceedings ordered on review; to
proceedings in revision; and to contempt proceedings except those in which the
judge may act summarily.
(2) Rules
of privilege. The rules with respect to privileges in sections
517.3
and
517.4
apply at all states of all actions, cases, and proceedings.
(3) Rules relaxed. The application of these
rules may be relaxed in sentencing proceedings as provided under N.Y.R.C.M.
1001 and otherwise as provided in this Chapter.
(4) Rules inapplicable. These rules (other
than with respect to privileges) do not apply in investigative hearings
pursuant to section 130.32; proceedings for vacation of suspension of sentence
pursuant to section 130.70; proceedings for search authorizations; proceedings
involving pretrial restraint; and in other proceedings authorized under the
code or this Chapter and not listed in paragraph (1) of this
subdivision.
(b)
Amendments. Amendments to the Federal Rules of Evidence shall apply to the
Military Rules of Evidence 180 days after the effective date of such amendments
unless action to the contrary is taken by the President or the Chief of Staff
to the Governor.
(c) Title. These
rules may be known and cited as the Military Rules of Evidence.
Notes
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