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

GUIDE FOR GENERAL AND SPECIAL COURTS-MARTIAL
[Note 41. If trial is before members, and no offenses remain to be contested on the merits, this may be
an appropriate point for the military judge to inform the accused of the rights to allocution under
R.C.M. 100l(a)(3). See Note 88 below. In addition, other issues relating to the information or evidence
to be introduced on sentencing should ordinarily be resolved at this point. If other offenses remain to
be contested, the military judge should consider, and solicit the views of the parties, whether to inform
the members only of the offenses to which the accused pleaded not guilty. The copy of the charges
presented to the members should reflect this decision. See also Note 26.]
Section II. Trial With Members; Preliminary Session
[Note 42. The following procedure is suggested for a trial with members after completion of the Article
39(a) session.
Before calling the court-martial to order, the military judge should
examine the convening order and any amending orders and ensure that
all members required to be present are present. Witnesses should be excluded
from the courtroom except when they testify.
When the court-martial is ready to proceed the military judge should
direct the bailiff, if any, or the trial counsel to call the members. Whenever
the members enter the courtroom, all persons present except the
military judge and reporter should rise.
The members are seated alternatively to the right and left of the
president according to rank.]
MJ: The court-martial will come to order. You may be seated.
TC: This court-martial is convened by (general) (special) court-martial convening
order number (HQ ) (USS
) ( ), as amended by ), a copy of
which has been furnished to each member.
TC: The accused and the following persons named in the convening orders
are present: .
TC: The following persons named in the convening orders are absent:
.
[Note 43. Persons who have been relieved (viced) by written orders need not he mentioned. The reason
for any other absences should be stated.]
TC: The prosecution is ready to proceed with the trial in the case of United
States v. (who is present).
Oath of members MJ: The members will now be sworn.
TC: All persons please rise.
App. 8
A8-11