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RECORDS OF TRIAL AND CONTENTS
GENERAL AND SPECIAL
COURTS-MARTIAL
The final format of the record of trial is dictated
by the MCM and supplemental regulation issued by
the SECNAV(JAG). Making sure the record is
correct and complete is one of your greatest
responsibilities as a court reporter.
TYPES
There are two types of trial records. These are
verbatim and summarized records. Verbatim records
are required in all GCM cases when any part of the
sentence adjudged exceeds 6 months of confinement
or other punishments that may be adjudged by an
SPCM, or a BCD has been adjudged. A verbatim
record is also required in SPCMs where a BCD has
been adjudged.
Summarized records may be used
only in an SPCM that does not adjudge a BCD.
COPIES AND DISTRIBUTION
In GCMs and SPCMs that require a verbatim
transcript, prepare an original and four copies of the
record of trial and send them to the CA. In all other
GCMs and SPCMs, prepare an original and one copy
of the record of trial and send them to the CA. In a
joint or common trial you will need to prepare an
additional copy of the record for each accused. The
convening or higher authority may direct that
additional copies of the record of trial of any GCM or
SPCM be prepared.
You should check the policy
before sending the record of trial to make sure the
correct number of copies is provided. You also must
prepare a copy of the record for delivery to each
accused after it is authenticated.
SECURITY CLASSIFICATION
If the record of trial contains matter that is
classified according to Department of the Navy
Information and Personnel Security Program
Regulation, OPNAVINST 5510.1H, the TC must
make sure a proper security classification is assigned
to the record of trial and on each page that classified
material appears. Do not include classified matter in
a record of trial whenever it can be avoided.
Before delivery of a copy of a classified record to
the accused, send it to the CA who will remove all
classified matter from it.
The CA prepares a
certificate showing the page(s) removed or partially
deleted and the exhibits removed. The cleansed copy
of the record with the original certificate is then
delivered to the accused.
Attach a copy of the
certificate and a statement signed by the accused
acknowledging receipt of the cleansed copy of the
record to the original record of trial.
GENERAL CONTENT AND
ARRANGEMENT
When you send a record of trial to the Judge
Advocate General (JAG) or send it out for a judge
advocate’s review under Article 64(a), UCMJ,
arrange the record and bind all the allied papers in the
following order:
1. Front cover and inside front cover
(chronology sheet) of DD Form 490.
2. Posttrial checklists 1, 2, or 3 and 4, 5, and 6.
3. Judge advocate’s review pursuant to Article
64(a) if any.
4. Request of the accused for appellate defense
counsel, or waiver or withdrawal of appellate rights, if
applicable.
5. Briefs of counsel submitted after trial, if any.
6. Court-Martial Data Sheet, DD Form 494.
7. Court-martial orders promulgating the result
of trial as to each accused (ten copies verbatim and
four copies summarized).
8. When required, signed recommendation of
the SJA or the legal officer, in duplicate, together with
all clemency papers, including clemency recom-
mendations by the court members.
9. Matters submitted by the accused pursuant to
R.C.M. 1105.
10. Charge Sheet, DD Form 458 (unless included
at the point of arraignment in the record).
11. Congressional inquiries and replies, if any.
12. Investigating Officer’s Report, DD Form 457,
pursuant to Article 32, UCMJ, if such investigation
was conducted, followed by any other papers that
accompanied the charges when referred for trial,
unless included in the record of trial proper.
13. Advice of the SJA or the legal officer, when
prepared pursuant to Article 34, UCMJ.
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