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

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Bench conferences and<br />

Article 39(a) sessions<br />

Questions by the (defense counsel) (assistant defense counsel) (individual military<br />

counsel) (civilian defense counsel):<br />

Q. __________________________________________________________________?<br />

A. __________________________________________________________________ .<br />

EXAMINATION BY THE COURT-MARTIAL<br />

Questions by (the military judge) (member’s name):<br />

Q. __________________________________________________________________?<br />

A. __________________________________________________________________ .<br />

REDIRECT EXAMINATION<br />

Questions by the (trial counsel) (assistant trial counsel):<br />

Q. __________________________________________________________________?<br />

A. __________________________________________________________________ .<br />

RECROSS-EXAMINATION<br />

Questions by the (defense counsel) (assistant defense counsel) (individual military<br />

counsel) (civilian defense counsel):<br />

Q. __________________________________________________________________?<br />

A. __________________________________________________________________ .<br />

Note. Bench conferences and Article 39(a) sessions should be recorded and incorporated in the record of<br />

trial. See R.C.M. 803.<br />

b. Examination of record by defense counsel<br />

Note. When the defense counsel has examined the record of trial prior to its being forwarded to the convening<br />

authority, the following form is appropriate:<br />

Form “I have examined the record of trial in the foregoing case.<br />

(Captain) (Lieutenant) , Defense Counsel.”<br />

c. Authentication of record of trial<br />

GUIDE FOR PREPARATION OF RECORD OF TRIAL<br />

Note. If defense counsel was not given the opportunity to examine the record before authentication, the<br />

reasons should be attached to the record. See R.C.M. 1103(i)(l)(B).<br />

Note. The authentication should be dated.<br />

(1) By general or special court-martial with members and a military judge.<br />

Military Judge (Captain) (Colonel) , Military Judge [or (LTJG)<br />

(1LT) , Trial Counsel, because of (death) (disability) (absence) of the<br />

military judge)] [or (LCDR) (Major) , a member in lieu of the military<br />

judge and the trial counsel because of (death) (disability) (absence) of the military<br />

judge, and of (death) (disability) (absence) of the trial counsel].<br />

(2) By general court-martial consisting of only a military judge.<br />

App. 14<br />

A14-7

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