2008 edition - Fort Sam Houston - U.S. Army

APPENDIX 8
GUIDE FOR GENERAL AND SPECIAL COURTS-MARTIAL
[Note 1. This guide outlines the sequence of events ordinarily followed in general and special courtsmartial,
and suggests ways to conduct various procedures prescribed in the Rules for Courts-Martial.
The guide is not mandatory; it is intended solely as an aid to users of the Manual for Courts-Martial.]
Section I. Opening Session Through Pleas
[Note 2. See R.C.M. 901–911.]
[Note 3. When a military judge has been detailed, the proceedings outlined in this section will be conducted
at an Article 39(a) session. See R.C.M. 901(e). In special courts-martial without a military
judge, these procedures should be followed in general; the president of a special court-martial without
a military judge should also carefully examine pertinent Rules for Courts-Martial.]
Sessions called to order MJ: This Article 39(a) session is called to order. (Be seated.)
Convening orders and referral of
charges
Accounting for parties [Note 8. See R.C.M. 813.]
TC: The court-martial is convened by (general) (special) court-martial convening
order(s) number , (HQ )
(USS ) ( ), (as amended by )
copies of which have been furnished to the military judge, counsel, and
the accused, (and to the reporter for insertion at this point in the record)
(and which will be inserted at this point in the record). (Copies of
any written orders detailing the military judge and counsel will be inserted
at this point in the record.)
[Note 4. When detailed, the reporter records all proceedings verbatim. See R.C.M. 502(e)(3)(B), 808,
and 1103. The reporter should account for the parties to the trial and keep a record of the hour and date
of each opening and closing of the session, whether a recess, adjournment, or otherwise, for insertion
in the record. See R.C.M. 813(b) ad 1103. See also Appendices 13 and 14.]
[Note 5. The military judge should examine the convening order and any amending orders.]
TC: The charges have been properly referred to this court-martial for trial
and were served on the accused on .
[Note 6. In time of peace, if less than 5 days have elapsed since service of the charges in a general
court-martial (3 days in case of a special court-martial), the military judge should inquire whether the
accused objects to proceeding. If the accused objects, the military judge must grant a continuance. See
R.C.M. 901(a).]
TC: (The following corrections are noted on the convening orders:
).
[Note 7. Only minor changes, such as typolineartal errors or changes of grade due to promotion, may
be made. Any correction which affects the identity of the individual concerned must be made by an
amending or correcting order.]
TC: The accused and the following persons detailed to this court-martial are
present: . The members and the following persons detailed
to this court-martial are absent: .
Reporter detailed [Note 9. When a reporter is detailed, the following announcement will be made. See R.C.M. 813(a)(8).]
TC: has been detailed reporter for this court-martial and (has
previously been sworn) (will now be sworn).
A8-1