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Matters in Extenuation and Mitigation
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

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