[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Notices]
[Pages 42092-42093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17429]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Manual for Courts-Martial; Amendments to Military Rule of 
Evidence 803(10)

AGENCY: Joint Service Committee on Military Justice (JSC), Department 
of Defense.

ACTION: Publication of Amendment to Military Rule of Evidence 803(10), 
Manual for Courts-Martial, United States (2012 ed.) (MCM).

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SUMMARY: On December 1, 2013, Federal Rule of Evidence 803(10) was 
amended to add a notification requirement prior to the offering of a 
certification proving the absence of a public record. In

[[Page 42093]]

accordance with Military Rule of Evidence 1102(a), unless action to the 
contrary is taken by the President, amendments to the Federal Rules of 
Evidence amend parallel provisions of the Military Rules of Evidence by 
operation of law 18 months after the effective date of such amendments. 
Therefore, on June 1, 2015, since no action to the contrary was taken 
by the President, Military Rule of Evidence 803(10) was amended by 
operation of law.

DATES: The amendment to Military Rule of Evidence 803(10) is effective 
as of June 1, 2015.

FOR FURTHER INFORMATION CONTACT: Capt. Harlye S. Carlton, USMC, (703) 
963-9299 or [email protected]. The JSC Web site is located at: 
http://jsc.defense.gov.

SUPPLEMENTARY INFORMATION: 

Annex

    Military Rule of Evidence 803(10) was amended as follows:

Military Rule of Evidence 803(10)

    (10) Absence of a Public Record. Testimony--or a certification 
under Rule 902--that a diligent search failed to disclose a public 
record or statement if:
    (A) The testimony or certification is admitted to prove that
    (i) the record or statement does not exist; or
    (ii) a matter did not occur or exist, if a public office regularly 
kept a record or statement for a matter of that kind; and
    (B) in a criminal case, a prosecutor who intends to offer a 
certification provides written notice of that intent at least 14 days 
before trial, and the defendant does not object in writing within 7 
days of receiving the notice--unless the court sets a different time 
for the notice or the objection.

    Dated: July 13, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2015-17429 Filed 7-15-15; 8:45 am]
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