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

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