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SCM of the command and no order detailing him or her
is needed.
A court is usually created to hear several cases, but
may in fact hear only one. In detailing a new court, the
old court should not be dissolved nor should the old
convening order be rescinded or revoked. One good
reason for this is if the court that heard a case that was
returned for proceedings in revision has been dissolved
there can be no proceedings in revision.
Circumstances will determine whether a new court
will be convened to hear the case or whether the case
will be referred to an existing court. In the first instance,
there will be a new convening order prepared. In the
latter, a current convening order maybe used, or it may
be amended as necessary. Amendments may become
necessary when there is an insufficient number of officer
members available or when the court may be reduced
below a quorum, or when the assignment of enlisted
members is required according to the request of an
enlisted accused.
Preparation
A convening order for a GCM or an SPCM will
designate the type of court-martial and detail the
court-martial will meet. If the CA has been designated
by the secretary concerned, the convening order will
state this. Refer to appendix 6 of the MCM for forms
for orders convening courts-martial. Figure 6-2
illustrates a convening order for an SCM. Figure 6-3
shows a convening order for an SPCM. Figure 6-4
shows a convening order for a GCM.
The members, military judge, and counsel may be
changed by an authority competent to detail such
persons. Changes of the members of the court-martial
should be kept to a minimum. If extensive changes are
necessary and no session of the court-martial has begun,
it may be appropriate to withdraw the charges from one
court-martial and refer them to another.
When new persons are added as members or
counsel or when substitutions are made as to any
members or counsel or the military judge, such
persons are detailed in the same manner as original
members.
An order changing the members of the
court-martial, except one that excuses members
without replacements, is reduced to writing and is
called an amending order. Figure 6-5 shows an SPCM
amending order permanently adding officer members
to a previously established court. Figure 6-6 shows
an SPCM amending order temporarily adding officer
members and may also designate where the
members to a previously established court for a
Figure 6-2.-Summary court-martial convening order.
6-8
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