N.Y. Comp. Codes R. & Regs. tit. 9 § 517.11

Current through Register Vol. 46, No. 25, June 18, 2024

Section 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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 517.11