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14. Requests by counsel and action taken by the
CA; for example, requests about delay, witnesses, and
depositions.
15. Records of former trials.
16. Record of trial proper in the following order:
a. Errata sheet, if any.
b. Index sheet with the reverse side showing
receipt by the accused or the DC for a copy of the
record or a certificate in lieu of receipt.
c. Record of proceedings in court, including
Article 39(a) sessions, if any.
d. Authentication sheet, followed by
certificate of correction, if any.
c. Action of the CA and, if appropriate,
action of the OEGCMJ.
f. Exhibits admitted in evidence. Order is
prosecution and defense.
g. Exhibits not received in evidence. You
must note the page of the record of trial where each
exhibit was offered and rejected on the front bottom
of each exhibit as shown:
Offered Page
/Not Admitted Page
h. Appellate exhibits. These can include
proposed instructions, written offers of proof or
preliminary evidence (real or documentary), and
briefs of counsel submitted at trial.
i. Back cover sheet.
The TC is ultimately responsible for arranging the
record as indicated, except that items 7, 8, and 16e are
inserted by the convening or reviewing authority, as
appropriate, and items 11 and 15 are inserted by either
the TC or the convening or reviewing authority,
whichever has custody of them.
AUTHENTICATION OF THE RECORD
A record is authenticated by the signature of a
person specified who declares that the record
accurately reports the proceedings. No person may be
required to authenticate a record of trial if he or she is
not satisfied that it accurately reports the proceedings.
In SPCMs where a BCD has been adjudged and in
all GCMs the military judge present at the end of the
proceedings authenticates the record of trial, or that
portion over which the military judge presided. If
more than one military judge presided over the
proceedings, each military judge authenticates the
record of proceedings over which that military judge
presided.
If the military judge cannot authenticate the
record of trial because of his or her death, disability,
or absence, the TC present at the end of the
proceedings authenticates the record of trial. If the
TC cannot authenticate the record of trial because of
his or her death, disability, or absence, a member
authenticates the record of trial. In a court-martial
composed of a military judge alone, or as to sessions
without members, the court reporter authenticates the
record of trial when this duty would fall upon a
member. A person authorized to authenticate a record
may authenticate the record only as to those
proceedings at which that person was present. In an
SCM the SCM officer authenticates the record of
trial.
CORRECTION OF THE RECORD
In GCMs and SPCMs the TC examines the record
of trial before authentication and causes those
changes to be made that are necessary to report the
proceedings accurately.
The TC cannot change the
record after authentication.
The TC may personally correct and initial the
necessary changes. If
the TC will direct the
record of trial or the
defective.
The TC must make
major changes are necessary,
reporter to rewrite the entire
portion of the record that is
sure the reporter makes a true,
complete, and accurate record of the proceedings so
the record will meet the applicable requirements.
After you send the record to the CA, the record
may be corrected only by a certificate of correction or
proceedings in revision.
These two procedures are
discussed later in this chapter.
SERVICE OF THE RECORD OF TRIAL
In each GCM and SPCM you must serve a copy
of the record of trial on the accused as soon as the
record of trial is authenticated.
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