No, polygraph results are generally not subject to mandatory discovery under RCM 701. Military Rule of Evidence 707 specifically prohibits the admission of polygraph evidence in courts-martial, making such results irrelevant and therefore not discoverable. Even if the government conducted polygraph examinations during the investigation, neither the results nor the fact that a polygraph was administered is typically discoverable or admissible at trial.
The rule exists because polygraph reliability remains scientifically disputed, and allowing such evidence could unfairly prejudice proceedings. Defense counsel cannot compel production of polygraph results through standard discovery requests, and the prosecution has no obligation to disclose them even if favorable to the defense. This prohibition extends to any statements made during polygraph examinations solely for the purpose of the examination.
However, statements made during polygraph sessions may be discoverable and admissible if they qualify as admissions or confessions independent of the polygraph process. If an accused made incriminating statements during the examination, those statements might be severable from the polygraph results themselves. The focus remains on whether the statements are otherwise admissible under the rules of evidence, not on the polygraph results that prompted them.