[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR17.4]



[Page 56]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 17_ADMINISTRATIVE PROCEDURES--Table of Contents

 

Sec.  17.4  Interlocutory questions.



    (a) Certification of interlocutory questions. The Presiding Officer 

shall generally adjudicate all motions and questions that arise during 

the course of a trial by military commission. In accordance with 32 CFR 

9.4(a)(5)(iv), however, the Presiding Officer shall certify all 

interlocutory questions, the disposition of which would effect a 

termination of proceedings with respect to a charge, for decision by the 

Appointing Authority. In addition, the Presiding Officer may certify 

other interlocutory questions to the Appointing Authority as the 

Presiding Officer deems appropriate.

    (b) Submission of interlocutory questions. The Presiding Officer 

shall determine what, if any, documentary or other materials should be 

forwarded to the Appointing Authority in conjunction with an 

interlocutory question.

    (c) Effect of interlocutory question certification on proceedings. 

While decision by the Appointing Authority is pending on any certified 

interlocutory question, the Presiding Officer may elect either to hold 

proceedings in abeyance or to continue.