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

App. 13 APPENDIX 13
Note. If there was a question or dispute as to the meaning of any term in the agreement, the resolution of
that matter should be described.
Note. If the accused entered a conditional guilty plea ( see R.C.M. 910(a)(2)), this will be included in the
record.
The military judge found the accused’s pleas of guilty provident and accepted them.
Note. If findings were entered (see R.C.M. 910(g)) on any charges and specifications at this point, the record
should so reflect. See FINDINGS below for format.
Note. If the accused pleaded not guilty to any charge(s) and specification(s) which were not dismissed or
withdrawn, in trial before military judge alone, proceed with PRESENTATION OF PROSECUTION
CASE. If the accused pleaded guilty to all charge(s) and specification(s) in trial before military judge
alone, proceed with SENTENCING PROCEEDINGS below. If trial was before members proceed with
INITIAL SESSION WITH MEMBERS below.
Note. If the court-martial recessed, closed, or adjourned, or if an Article 39(a) session terminated and a
session of the court-martial begins, the record should indicate the time of the recess, closing, or adjournment,
and the time of reopening, using the following formats:
For example:
The Article 39(a) session terminated at hours,
. The court-martial (recessed) (adjourned) (closed)
at hours, .
Note. Whenever the court-martial reopens after a recess or adjournment, or after being closed, the record
should indicate whether any party, member, or the military judge previously present was absent, or, if not
previously present, was now present. Persons present for the first time should be identified by name. For
example:
The military judge and all parties previously present were again present. (The following
members were also present .) The members were (not) present.
The military judge and all parties previously present were again present, except
, detailed defense counsel who had been excused
by . , certified in accordance with Article 27(b) was
present as individual military counsel, and was previously sworn.
INITIAL SESSION WITH MEMBERS
Note. Except in a special court-martial without a military judge, ordinarily members will be first present
at this point. In a special court-martial without a military judge, ordinarily the members will he sworn and
examined immediately after the accused has been afforded the opportunity to request enlisted members.
In such cases, the following matters should be inserted at the appropriate point in the record.
Members sworn The members of the court-martial were sworn in accordance with R.C.M. 807.
Note. If the military judge announced at this point that the court-martial was assembled, the record should
so reflect. If assembly was announced at a different point, it should be so shown in the record.
Note. If the military judge gave preliminary instructions to members, this should be stated at the point at
which they were given.
Preliminary instructions The military judge instructed the members concerning their duties, the conduct of
the proceedings, ( ).
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