2008 edition - Fort Sam Houston - U.S. Army
2008 edition - Fort Sam Houston - U.S. Army 2008 edition - Fort Sam Houston - U.S. Army
App. 13 APPENDIX 13 Receipt for record I hereby acknowledge receipt of a copy of the above-described record of trial, delivered to me at this day of . (Signature of accused or defense counsel) (Name of accused or defense counsel) Note. See R.C.M. 1104(b)(1) concerning service of record on the accused or defense Counsel. CERTIFICATE (Place) (Date) Certificate in lieu of receipt I certify that on this day delivery of a copy of the above-described record of trial was made to the accused, at , by (Name of accused) (Place of delivery) (Means of effecting delivery, i.e., mail messenger, etc.) and that the receipt of the accused had not been received on the date this record was forwarded to the convening authority. The receipt of the accused will be forwarded as soon as it is received. (Signature of trial counsel) (Name of trial counsel) Note. If accused’s defense counsel receives the record, the trial counsel must attach an explanation to the record. See R.C.M. 1104(b)(1)(C). The following format may be used: The accused’s defense counsel was served the accused’s copy of the record because (the accused so requested in a written request, which is attached) (the accused so requested on the record at the court-martial) (the accused was transferred to ) (the accused is absent without authority) ( ). (Signature of trial counsel) (Name of trial counsel) Note. If the accused cannot be served and has no counsel to receive the record, an explanation for failure to serve the record will be attached to the record. See R.C.M. 1104(b)(l)(C). The following format may be used: The accused was not served a copy of this record because the accused (is absent without authority) ( ) Accused has no defense counsel to receive the record because (defense counsel has been excused under R.C.M.505(d)(2)(B)) ( .) (Signature of trial counsel) (Name of trial counsel) Article 39(a) session PROCEEDINGS OF A COURT-MARTIAL ARTICLE 39(a) SES- SION. The summarized record of an Article 39(a) session should proceed as follows: A13-2 Note. If trial was before a special court-martial without a military judge, there will have been no Article 39(a) session. However, generally the same sequence will be followed except as noted below. In special courts-martial without a military judge, substitute “president” for “military judge” when it appears, and “court-martial” for “Article 39(a) session.” .
Convening orders The military judge called the Article 39(a) session to order (at) (on [nb) A] board) , at hours, , pursuant to the following orders: Note. Here insert a copy of the convening orders and copies of any amending orders. Any written orders detailing the military judge and counsel will be attached.Any request of an enlisted accused for enlisted members will be inserted immediately following the convening orders, together with any declaration of the nonavailability of such enlisted persons. Any written request for trial by the military judge alone will also be inserted at this point. See R.C.M. 503(a)(2), 903. Time of session Note. The reporter should note and record the time and date of the beginning and ending of each session of the court-martial. For example: Military judge, counsel members present and absent Accused and defense counsel present Swearing reporter; interpreter The session was called to order at hours, . The session (adjourned) (recessed) at hours, . PERSONS PRESENT Note. Here list the names of the military judge, counsel, accused, and members if present. PERSONS ABSENT Note. The names of the members need not be listed if members are not present. The absence of other detailed persons should be noted. The record should include any reasons given for the absence of detailed persons. If the accused was questioned about the absence of any detailed defense counsel, this inquiry should be summarized at the point in the record at which such inquiry occurred. The accused and the following (detailed defense counsel and associate or assistant defense counsel) (civilian or individual military counsel) were present: The following detailed (reporter) (and) (interpreter) (was) (were) (had previously been) sworn: Note. Applicable only when a reporter or interpreter is used. Qualification of trial counsel The trial counsel announced the legal qualifications and status as to oaths of all members of the prosecution (and that (he) (she) (they) had been detailed by ). Prior participation of trial counsel Qualification of defense counsel GUIDE FOR PREPARATION OF RECORD The trial counsel further stated that no member of the prosecution had acted in a manner which might tend to disqualify (him) (her) except as indicated below. Note. If a member of the prosecution is unqualified or disqualified under R.C.M. 502(d) that will be shown, together with the action taken under R.C.M. 901(d). Any inquiry or hearing into the matter should be summarized. The detailed defense counsel announced the legal qualifications and status as to oaths of all members of the defense (and) that he (and ) had been detailed by .) Note. Legal qualifications of any civilian or individual military counsel will be shown. App. 13 A13-3
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App. 13 APPENDIX 13<br />
Receipt for record I hereby acknowledge receipt of a copy of the above-described record of trial,<br />
delivered to me at this day<br />
of .<br />
(Signature of accused or defense counsel)<br />
(Name of accused or defense counsel)<br />
Note. See R.C.M. 1104(b)(1) concerning service of record on the accused or defense Counsel.<br />
CERTIFICATE<br />
(Place) (Date)<br />
Certificate in lieu of receipt I certify that on this day delivery of a copy of the above-described record of trial<br />
was made to the accused, at , by<br />
(Name of accused) (Place of delivery)<br />
(Means of effecting delivery, i.e., mail messenger, etc.)<br />
and that the receipt of the accused had not been received on the date this record was<br />
forwarded to the convening authority. The receipt of the accused will be forwarded<br />
as soon as it is received.<br />
(Signature of trial counsel)<br />
(Name of trial counsel)<br />
Note. If accused’s defense counsel receives the record, the trial counsel must attach an explanation to the<br />
record. See R.C.M. 1104(b)(1)(C). The following format may be used:<br />
The accused’s defense counsel was served the accused’s copy of the record because<br />
(the accused so requested in a written request, which is attached) (the accused so requested<br />
on the record at the court-martial) (the accused was transferred<br />
to ) (the accused is absent without authority) ( ).<br />
(Signature of trial counsel)<br />
(Name of trial counsel)<br />
Note. If the accused cannot be served and has no counsel to receive the record, an explanation for failure<br />
to serve the record will be attached to the record. See R.C.M. 1104(b)(l)(C). The following format may be<br />
used:<br />
The accused was not served a copy of this record because the accused (is absent<br />
without authority) ( ) Accused has no defense counsel to receive the record<br />
because (defense counsel has been excused under R.C.M.505(d)(2)(B))<br />
( .)<br />
(Signature of trial counsel)<br />
(Name of trial counsel)<br />
Article 39(a) session PROCEEDINGS OF A COURT-MARTIAL ARTICLE 39(a) SES-<br />
SION. The summarized record of an Article 39(a) session should proceed as follows:<br />
A13-2<br />
Note. If trial was before a special court-martial without a military judge, there will have been no Article<br />
39(a) session. However, generally the same sequence will be followed except as noted below. In special<br />
courts-martial without a military judge, substitute “president” for “military judge” when it appears, and<br />
“court-martial” for “Article 39(a) session.”<br />
.
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