| |
Attach the accused’s receipt for the copy of the
record of trial to the original record of trial. If it is
impractical to secure a receipt from the accused
before you send the original record of trial to the CA,
prepare a certificate indicating that a copy of the
record of trial has been transmitted to the accused.
Include on this certificate the means of transmission
and the address. This certificate must be attached to
the original record of trial. Once the accused’s receipt
is received at the NLSO, send it to the CA as soon as
possible.
If it is impractical to serve the record of trial on
the accused because of (1) the transfer of the accused
to a distant place, (2) the unauthorized absence of the
accused, (3) military exigency, or (4) if the accused so
requests on the record at the court-martial or in
writing, send the accused’s copy of the record to the
accused’s DC, if any. The TC will attach a statement
to the record explaining why the accused was not
served personally. If the accused has no counsel and
if the accused is absent without authority, the TC
prepares an explanation for the failure to serve the
record. Send the explanation and the accused’s copy
of the record along with the original record to the CA.
The accused is provided with a copy of the record as
soon as possible after its return.
DISTRIBUTION OF RECORDS OF TRIAL
Send the original and all copies of the record of
trial, except for the accused’s copy to the CA. Retain
one copy in the court reporting shop.
SUMMARIZED RECORDS OF TRIAL
In those cases not requiring a verbatim record,
prepare a summarized record of trial using the
DD Form 490 kit.
The fact that a summarized record of trial is to be
prepared does not affect any of the procedures of the
trial itself. As mentioned before, you should record
everything verbatim because events could occur that
require a verbatim record even though it might appear
before trial that a summarized record would be
sufficient.
Pleas
Set forth the pleas verbatim as stated in court. If
the accused pleads guilty, the ruling officer will
explain to the accused the meaning and effect of the
guilty plea.
This explanation includes (1) the
elements of the offense, (2) that the plea admits every
element charges and every act or omission alleged,
and (3) that the plea authorizes conviction without
further proof.
The ruling officer also advises the
accused of the maximum authorized punishment that
may be adjudged for the offense upon conviction.
The record of trial must show that this was done.
Therefore, it is recommended that this be set forth
verbatim.
Prosecution Case
Set forth the testimony of witnesses in
summarized form in first person, present tense. If no
witnesses are called by the TC, the word None must
be typed in the record at this point.
At the conclusion of the TV’s case, insert the
words The prosecution rested.
Defense Case
Again, set forth the testimony of witnesses in
summarized form in first person, present tense. If no
witnesses are called by the defense, insert the word
None in the record at this point.
If no evidence or testimony is presented by the
accused, the record must so reflect. The words The
defense rested should appear at the conclusion of the
DC’s case.
Findings
Set forth the findings verbatim as announced in
court.
Before announcing the findings, the ruling
officer may state that all manuals and legal references
or authorities were removed from the closed session
of the court. If such a statement is made, the record
should so indicate by the addition of an entry
reflecting this statement.
Personal Data on the Accused
If any data on the accused is incorrect, such data
must be noted and copied into the record with the
substance of the corrective action taken noted.
3-17
|
