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

App. 8 APPENDIX 8
Out of court hearing on findings
instructions
WIT: I am.
Closing arguments [Note 78. See R.C.M. 919.]
TC: You are reminded that you are still under oath.
[Note 76. If trial is by military judge alone, counsel should be permitted to make closing arguments.
See R.C.M. 919. After arguments, proceed to announcement of findings.]
[Note 77. Ordinarily the military judge will conducts Article 39(a) session to discuss findings instructions
and examine the findings worksheet. See R.C.M. 920,921(d). If such instructions are discussed at
a conference, see R.C.M. 802.]
TC: .
DC: .
TC: .
Instructions [Note 79. See R.C.M. 920.]
MJ: .
MJ: Does any member have any questions concerning these instructions?
MEM-
BERS:
MJ: Do counsel have any objections to these instructions not previously
raised?
TC: .
DC: .
[Note 80. See R.C.M. 920(f).]
[Note 81. Any exhibits which the members are to consider should be given to the president before the
court-martial closes.]
Closing MJ: The court-martial is closed.
[Note 82. While the members are deliberating, the military judge may take up certain matters which
may arise if the accused is found guilty of any offense. The admissibility of evidence during sentencing
proceedings and advice to the accused about allocution rights may be considered at an Article 39(a)
session at this point. See R.C.M. 1001. See Note 88 below concerning allocution advice.]
After findings reached MJ: The court-martial will come to order.
A8-16
TC: All parties and members and the military judge are present.
MJ: (To president) have the members reached findings?
PRES:
MJ: Are the findings on Appellate Exhibit ?
PRES: Yes.
MJ: Would (the bailiff) (trial counsel), without examining it please bring
me Appellate Exhibit ?