Can a presiding military judge in a court-martial allow a witness to testify by remote means for interlocutory questions?

• A. No
• B. Only if the witness is located overseas
• C. Yes, if the difficulties in producing the witness outweigh the significance of the witness personal appearance
• D. Yes

Answer: (C)

The decision rests on the judge’s discretion to allow remote testimony for interlocutory questions based on a balancing test: whether the difficulties in producing the witness outweigh the importance of the witness’s personal appearance. This means a presiding military judge can permit remote testimony when it would be impractical or costly to compel in-person attendance, and the need for the witness’s live demeanor is less critical for resolving preliminary issues. It preserves efficiency and fairness by adapting to real-world obstacles while still valuing face-to-face credibility where it matters.

That’s why the best answer is the one that states remote testimony is allowed if the production difficulties outweigh the significance of personal appearance. It isn’t limited to overseas witnesses, and it isn’t an absolute yes or no—the decision depends on balancing practical burdens against the importance of in-person testimony.