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Pass Go, Collect $200, and Hire Yourself an Expert: Article 46 of the Uniform Code of Military Justice and the Defense's Right to a Government-Funded Expert

Introduction

In trials by court-martial, the defense and the government have equal access to witnesses and evidence. The source for this right is Article 46 of the Uniform Code of Military Justice (UCMJ).1 Under Article 46, an accused is entitled to an expert witness without regard to his ability to pay for those services.2 However, before the government may be required to provide funding for an expert witness, the accused, under Rule for Court-Martial (RCM) 703(d), must show that the expert witness is relevant and necessary.3

Traditionally, the process of showing necessity in this context begins with the defense submitting a request for employment of an expert witness to the convening ...

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