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

App. 14 APPENDIX 14
trial; (6) proof of service on the defense counsel of
the Staff Judge Advocate’s recommendation and any
response to the recommendation (if the defense response
to the recommendation is combined into one
document with the matters submitted by the accused
pursuant to R.C.M. 1105, then the document should
be placed in the record of trial as if it were solely
matters submitted by the accused pursuant to R.C.M.
1105); (7) either proof of service on the accused of
the Staff Judge Advocate’s recommendation or a
s t a t e m e n t e x p l a i n i n g w h y t h e a c c u s e d w a s n o t
served personally; (8) signed review of the Staff
Judge Advocate including any addenda and attached
clemency matters; (9) matters submitted by the accused
pursuant to R.C.M. 1105; (10) any request for
deferment of post-trial confinement and action thereon;
(11) any request for deferment/waiver of automatic
forfeitures and any action thereon; (12) any
request for deferment of reduction in grade and any
action thereon.
D D F o r m 4 5 7 , “ I n v e s t i g a t i n g O f f i c e r ’ s
Report,” pursuant to Article 32, if any, and all
r e l a t e d e x h i b i t s a n d a t t a c h m e n t s . T h e o r i g i n a l ,
signed investigation will be placed in the original
copy of the record of trial.
Pretrial Allied Papers. These papers should
include: (1) advice of the Staff Judge Advocate or
legal officer; (2) requests by counsel and action of
the convening authority taken thereon; (3) any other
papers, endorsements, investigations which accomp
a n i e d t h e c h a r g e s w h e n r e f e r r e d f o r t r i a l ;
(4) record of any former trial.
Record of Proceedings of Court-Martial ,
in the following order: (1) errata sheet; (2) index
sheet with reverse side containing receipt of accused
or defense counsel for copy of record or certificate
in lieu of receipt;
Note. The preprinted index may be inadequate to properly reflect
the proceedings, witnesses, and exhibits. Court reporters should
liberally expand the index and use additional sheets as necessary.
Special attention should be paid to noting the pages at which
exhibits are offered and accepted/rejected, to include annotating
those page numbers on the bottom of an exhibit, as appropriate.
( 3 ) c o n v e n i n g a n d a l l a m e n d i n g o r d e r s ; ( 4 ) a n y
written orders detailing the military judge or counsel;
(5) request for trial by military judge alone if
A14-2
not marked as an appellate exhibit; (6) any written
request for enlisted members if not marked as an
a p p e l l a t e e x h i b i t ; ( 7 ) v e r b a t i m t r a n s c r i p t o f t h e
proceedings of the court, including all Article 39(a)
sessions and original DD Form 458, “Charge Sheet”;
(8) authentication sheet followed by Certificate of
Correction, if any; (9) action of convening authority
and, if appropriate, action of officer exercising general
court-martial jurisdiction.
Note. Any necessary assumption of command orders should be
included in the record of trial.
Post-trial sessions. Post-trial sessions will be
authenticated and served in accordance with R.C.M.
1103, and are part of the record of trial. Page numbering
should continue in sequence from the end of
the transcript of the original proceedings, and will be
s e p a r a t e l y a u t h e n t i c a t e d i f t h e i n i t i a l p r o c e e d i n g s
have been previously authenticated. Additional exhibits
should be lettered or numbered in sequence,
following those already marked/admitted.
P r o s e c u t i o n E x h i b i t s a d m i t t e d i n t o e v i -
dence. [The page(s) at which an exhibit is offered
and admitted should be noted at the bottom of the
exhibit, as appropriate, as well as noting those pages
on the DD Form 490.]
Defense Exhibits admitted into evidence.
[The page(s) at which an exhibit is offered and admitted
should be noted at the bottom of the exhibit,
as appropriate, as well as noting those pages on the
DD Form 490.]
Prosecution Exhibits marked but not offered
and/or admitted into evidence. [The page(s)
at which an exhibit is offered and rejected should be
noted at the bottom of the exhibit, as appropriate, as
well as noting those pages on the DD Form 490.]
Defense Exhibits marked but not offered
a n d / o r a d m i t t e d i n t o e v i d e n c e . [ T h e p a g e ( s ) a t
which an exhibit is offered and rejected should be
noted at the bottom of the exhibit, as appropriate, as
well as noting those pages on the DD Form 490.]
Appellate Exhibits. [The page(s) at which
an exhibit is marked should be noted at the bottom