[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: 32CFR17.6]



[Page 57]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 17_ADMINISTRATIVE PROCEDURES--Table of Contents

 

Sec.  17.6  Disclosures.



    (a) General. Unless directed otherwise by the Presiding Officer upon 

a showing of good cause or for some other reason, counsel for the 

Prosecution and the Defense shall provide to opposing counsel, at least 

one week prior to the scheduled convening of a military commission, 

copies of all information intended for presentation as evidence at 

trial, copies of all motions the party intends to raise before the 

military commission, and names and contact information of all witnesses 

a party intends to call. Motions shall also be provided to the Presiding 

Officer at the time they are provided to opposing counsel. Unless 

directed otherwise by the Presiding Officer, written responses to any 

motions will be provided to opposing counsel and the Presiding Officer 

no later than three days prior to the scheduled convening of a military 

commission.

    (b) Notifications by the prosecution. The Prosecution shall provide 

the Defense with access to evidence known to the Prosecution that tends 

to exculpate the Accused as soon as practicable, and in no instance 

later than one week prior to the scheduled convening of a military 

commission.

    (c) Notifications by the defense. The Defense shall give notice to 

the Prosecution of any intent to raise an affirmative defense to any 

charge at least one week prior to the scheduled convening of a military 

commission.

    (d) Evidence related to mental responsibility. If the Defense 

indicates an intent to raise a defense of lack of mental responsibility 

or introduce expert testimony regarding an Accused's mental condition, 

the prosecution may require that the Accused submit to a mental 

examination by a military psychologist or psychiatrist, and both parties 

shall have access to the results of that examination.