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

App. 14 APPENDIX 14
Administration of oaths Note. It is not necessary to record verbatim the oath actually used, whether it be administered to a witness,
the military judge, counsel, or the members. Regardless of the form of oath, affirmation, or ceremony
by which the conscience of the witness is bound, R.C.M. 807, only the fact that a witness took an
oath or affirmation is to be recorded. However, if preliminary qualifying questions are asked a witness
prior to the administration of an oath, the questions and answers should be recorded verbatim. These preliminary
questions and answers do not eliminate the requirement that an oath be administered. The following
are examples of the recording of the administration of various oaths:
Accounting for personnel
during trial
[The detailed reporter, , was sworn.]
[The detailed interpreter, , was sworn.]
[The military judge and the personnel of the prosecution and defense were sworn.]
[The members were sworn.]
Note. After the reporter is sworn, the reporter will record verbatim the statements, of the trial counsel
with respect to the presence of personnel of the court-martial, counsel, and the accused. The reporter
should note whether, when a witness is excused, the witness withdraws from the courtroom or, in the case
of the accused, whether the accused resumes a seat at counsel table. Similarly, if the military judge excuses
a member as a result of challenge and the member withdraws, the reporter should note this fact in
the record. In a special court-martial without a military judge, if a challenged member withdraws from the
court-martial while it votes on a challenge, and then is excused as a result of challenge or resumes a seat
after the court-martial has voted on a challenge, the reporter should note this fact in the record. Examples
of the manner in which such facts should be recorded are as follows:
[The (witness withdrew from the courtroom) (accused resumed his/her seat at the
counsel table).]
[ , the challenged member, withdrew from the courtroom.]
[ , resumed his/her seat as a member of the court-martial.]
Arraignment Note. The original charge sheet or a duplicate should be inserted here. If the charges are read, the charges
should also be transcribed as read. See R.C.M. 1103(b)(2)(D)(i).
Recording testimony Note. The testimony of a witness will be recorded verbatim in a form similar to that set forth below for a
prosecution witness:
A14-6
was called as a witness for the prosecution, was sworn, and testified
as follows:
DIRECT EXAMINATION
Questions by the (trial counsel) (assistant trial counsel):
Q. State your full name, (etc.) ___________________________________________ .
A. __________________________________________________________________ .
Q. __________________________________________________________________?
A. __________________________________________________________________ .
CROSS-EXAMINATION
Questions by the (defense counsel) (assistant defense counsel) (individual military
counsel) (civilian defense counsel):
Q. __________________________________________________________________?
A. __________________________________________________________________ .
REDIRECT EXAMINATION
Questions by the (trial counsel) (assistant trial counsel):
Q. __________________________________________________________________?
A. __________________________________________________________________ .
RECROSS-EXAMINATION