Attachment 6 Army Court Reporter Manual 22-Q-0093.pdf

The Judge Advocate General’s

Legal Center and School

Court Reporter Training

Department

Army Court

Reporter Manual

UNITED STATES V. SPC PHINEUS R. QUIRK

The Judge Advocate General’s School, United States Army Charlottesville, Virginia

PREPARE A VERBATIM RECORD OF TRIAL IF:

Any part of the sentence adjudged by either the military judge or the members EXCEEDS:

6 months confinement (181 days), Forfeiture of pay greater than two-thirds pay per month, Forfeiture of pay per month for 6 months, or

Any punitive discharge from the service (BCD, DD, Dismissal)

PREPARE A SUMMARIZED RECORD OF TRIAL IF:

Any part of the sentence adjudged by either the military judge or the members DOES NOT EXCEED:

6 months confinement (181 days), Forfeiture of pay greater than two-thirds pay per month, Forfeiture of two-thirds pay per month for 6 months, or

Any punitive discharge (BCD, DD, Dismissal)

VERBATIM RECORD OF TRIAL COPIES:

Original

SJA File Copy

Accused’s Copy

Copy 1

Copy 2

Clemency Copy (if more than 12 months confinement adjudged) goes to disciplinary barracks where accused is confined.

SUMMARIZED RECORD OF TRIAL COPIES:

Original

SJA File Copy

Accused’s Copy

ASSEMBLE EXHIBITS:

Prosecution Exhibits Admitted

Defense Exhibits Admitted

Prosecution Exhibits Not Admitted

Defense Exhibits Not Admitted

Appellate Exhibits

THE LAST NUMBERED PAGE IN A RECORD OF TRIAL IS THE AUTHENTICATION PAGE.

NEVER, EVER, EVER, GIVE THE QUANTUM PORTION OF THE PRETRIAL AGREEMENT TO THE

MILITARY JUDGE UNTIL HE ASKS FOR IT!!!!!

DISTRIBUTION OF RECORDS OF TRIAL

TYPE OF COURT-

MARTIAL

RESULTS OF COURT-

MARTIAL

DISTRIBUTION OF RECORD

OF TRIAL

GENERAL

Chapter 10 Discharge

Approved

(Regardless of when Chapter 10 was approved.)

Original – Clerk of Court

Copy – Served on Accused

Copy – Retained by SJA

Office of Convening

Authority

GENERAL

Acquittal, Dismissal or

Withdrawal of all Charges and Specifications

Original – Clerk of Court

Copy – Served on Accused

Copy – Retained by SJA

Office of Convening

Authority

GENERAL

Sentence INCLUDES either an approved Punitive

Discharge or Dismissal, or approved confinement equal to or in excess of

1 year* (12 months) (365 days) (regardless of whether or not any of these are suspended) and the accused has not waived appellate review under R.C.M. 1110.

Original, Copy 1 and Copy 2

– Clerk of Court

Copy – Served on Accused

Copy – Retained by SJA

Office of Convening

Authority

* If the approved sentence includes confinement equal to or in excess of 1 year a

Clemency Copy of the ROTis required.

Clemency Copy – Forwarded to USDB/appropriate Army

RCF or Clemency and Parole

Board as appropriate.*

(DO NOT FORWARD CLEMENCY

COPIES OF RECORDS OF TRIAL

TO THE OFFICE OF THE CLERK

OF COURT)

GENERAL

Sentence DOES NOT include an approved punitive discharge or dismissal,or approved confinement equal to or in excess of

1 year (12 months) (365 days).

Original – Clerk of Court

Copy – Served on Accused

Copy – Retained by SJA

Office of Convening

Authority

GENERAL

Soldier Waives Appellate

Review

(Except when approved

Original – Clerk of Court

Copy – Served on Accused

Copy – Retained by SJA sentence includes death.) Authority

(SJA Office must review court-martial under the provisions of RCM 1112 prior to forwarding record to the Clerk of Court.)

* If the approved sentence includes confinement equal to or in excess of 1 year a

Clemency Copy of the ROT is required.

Clemency Copy – Forwarded to USDB/appropriate Army

RCF or Clemency and Parole

Board as appropriate.* (DO

NOT FORWARD CLEMENCY COPIES

OF RECORDS OF TRIAL TO THE

OFFICE OF THE CLERK OF

COURT)

TYPE OF COURT-

MARTIAL

RESULTS OF COURT-

MARTIAL

DISTRIBUTION OF RECORD

OF TRIAL

SPECIAL

Chapter 10 Discharge

Approved

(Regardless of when

Chapter 10 was approved.)

Original – Retained by SJA

Office of Convening

Authority

Copy – Served on Accused

Copy of Promulgating Order

– Clerk of Court

SPECIAL

Acquittal, Dismissal or

Withdrawal of all Charges and Specifications

Original – Retained by SJA

Office of Convening

Authority

Copy – Served on Accused

Copy of Promulgating Order

– Clerk of Court

SPECIAL

Sentence INCLUDES either an approved punitive

Discharge or approved confinement for 1 year

(12 months) (365 days) or more (regardless of whether or not the discharge or confinement is suspended) and the accused has not waived appellate review under

Original, Copy 1 and Copy 2

– Clerk of Court

Copy – Served on Accused

Copy – Retained by SJA

If sentence includes an approved confinement for 1 year (12 months) (365 days) a Clemency Copy of the ROT

R.C.M. 1110. must also be made.

Disposition for clemency copy is:

Clemency Copy – Forwarded to USDB/appropriate Army

RCF or Clemency and Parole

Board as appropriate.* (DO

NOT FORWARD CLEMENCY COPIES

OF RECORDS OF TRIAL TO THE

OFFICE OF THE CLERK OF

COURT)

TYPE OF COURT-

MARTIAL

RESULTS OF COURT-

MARTIAL

DISTRIBUTION OF RECORD

OF TRIAL

SPECIAL

Sentence INCLUDES approved forfeitures for a period of six months or more, but does not include an approved punitive Discharge or approved confinement for

1 year (12 months) (365 days). (regardless of whether or not the forfeitures are suspended) and the accused has not waived appellate review under

R.C.M. 1110.

Original – Clerk of Court

Copy – Served on Accused

Copy – Retained by SJA provisions of RCM 1112.)

SPECIAL

Sentence INCLUDES approved forfeitures for a period less than six months, but does not include an approved punitive Discharge or approved confinement for

1 year (12 months) (365 days) (Regardless ofwhether or not the forfeitures are suspended).

Original – Retained by SJA

Office of Convening

Authority.

Copy – Served on Accused.

Copy of Promulgating Order provisions of RCM 1112.)

SPECIAL

Sentence INCLUDES

Approved Confinement equal to or less than 364 days, but does not include an approved punitive discharge or

Original – Retained by SJA

Office of Convening

Authority.

Copy – Served on Accused.

Copy of Promulgating Order approved forfeitures for a period of six months or more. (regardless of whether or not a confinement is suspended)and the accused has not waived appellate review under R.C.M. 1110.

(SJA Office must review court-martial under the provisions of RCM 1112.)

TYPE OF COURT-

MARTIAL

RESULTS OF COURT-

MARTIAL

DISTRIBUTION OF RECORD

OF TRIAL

SPECIAL

Soldier Waives Appellate

Review

(Case includes an approved punitive discharge or approved confinement for 1 year.)

Original – Clerk of Court

Copy – Served on Accused

Copy – Retained by SJA provisions of RCM 1112 prior to forwarding record to the Clerk of Court.)

SUMMARY

Regardless of Trial

Outcome, i.e. Acquittal or Findings of Guilty and

Sentence adjudged.

Original – Retained by GCM

SJA Office of Convening

Authority.

Copy – Served on Accused.

provisions of RCM 1112.)

* Clemency Copy – In all cases in which the convening authority approves confinement for 12 months/1 year or more, whether or not all or part of the confinement is suspended, an additional copy of the record of trial will be prepared for the Army Clemency and Parole

Board for clemency review purposes and distributed under paragraph 5-

45, AR 27-10. The Clemency Copy of a record of trial will be forwarded to either the U.S. Disciplinary Barracks (USDB), (Commandant, U.S. Disciplinary Barracks, ATTN: ATZL-DB-CL, Fort

Leavenworth, KS 66027), or the appropriate Army RCF where the accused is confined. The stateside Regional Confinement Facilities are found at Fort Lewis, WA, Fort Sill, OK, and Fort Knox, KY. Contact these facilities for a correct mailing address. If the accused is not confined or is confined in any facility other than on the U.S.

Disciplinary Barracks (USDB)(Commandant,USDB or an Army RCF (such as in any Navy or Marine Brig) the record will be sent directly to the

Army Clemency and Parole Board, 1941 Jefferson Davis Highway, Second

Floor, Arlington, VA 22202-4508. (DO NOT MAIL CLEMENCY COPIES OF

RECORDS OF TRIAL TO THE OFFICE OF THE CLERK OF COURT.)

DISTRIBUTION OF RECORDS OF TRIAL

MARTIAL

COPY RETAINED BY SJA

OFFICE OF CONVENING

AUTHORITY

DISPOSITION OF

RECORD OF TRIAL

GENERAL

SJA Maintains a copy of the Original Record

May be destroyed upon completion of appellate review or

Review by the

Criminal Law

Division, OTJAG, or

Clerk of Court.

(Notes, tapes, and evidence may also be destroyed.)

(Make sure you notify your Court

Reporters and local

CID/MP Office that the appellate process has been completed.)

SJA Maintains a Copy of the Original.

(This is for cases forwarded to the Office of the Clerk of Court for appellate review.

May be destroyed upon completion of appellate review or review by Criminal

Law Division, OJAG or Clerk of Court.

(Notes, tapes, and evidence may also be destroyed.)

(Make sure you notify your Court

Reporters and local

CID/MP Office that the appellate process has been completed.)

Original Copy maintained by GCM SJA Office.

(For those cases where no appellate review is required.)

Maintain in the

Office of the GCM

Staff Judge

Advocate until disposition instructions are published.

MARTIAL

COPY RETAINED BY SJA

OFFICE OF CONVENING

AUTHORITY

DISPOSITION OF

RECORD OF TRIAL

SUMMARY Original Copy

Maintain in the

Office of the GCM

Staff Judge

Advocate until disposition instructions are published.

* Check with your local Information Management Officer concerning the retirement of these Original Records of Trial. (Normally these records will be retained at the GCMCA SJA Office for approximately 3 years after completion and then retired to a records facility. (For example a case which was completed (promulgating order/review completed and distributed) during the year 2004 would be retained in the GCMCA SJA Office during 2005, 2006, and 2007 and retired in

January of 2008. The proper records center for retirement of these files is the National Personnel Records Center, 9700 Page Boulevard, St. Louis, MO 63132.

Refer to the Army Records Information Management System records retention schedule located at https://www.arims.army.mil/rrssrch.asp to determine the proper disposion of SCM and SPCM records of trial.

NOTE: ARIMS requires that court-martial statistics at Offices of

Staff Judge Advocates at General court-martial jurisdictions be kept for a period of 5 years.

If you have additional questions concerning the proper dispostion of records of trial pleas contact the Records Branch at the Office of the Clerk of Court at 703-588-7927 https://www.arims.army.mil/rrssrch.asp i

RECORD OF

TRIAL GUIDE

THE ARMY

COURT REPORTER COURSE

i

GUIDE FOR PREPARATION OF A RECORD OF TRIAL

INTRODUCTION

The following information has been designed to provide the court reporter with a guide for format in preparing transcripts of cases tried by general and special courts-martial. To conserve space, the actual testimony of some witnesses is not included. There are numerous other entries in this record of trial that are included only for purposes of explanation. These items are underscored and are not a part of the actual record itself.

Also included in this manual are notes that are shaded and set off from the main body of the text. These notes give examples of transcription other than that contained in the record of trial text as well as explanations of transcript content. These notes serve to explain and clarify and are not part of the actual transcribed record of trial.

The following pages contain the general instructions for transcribing a record of trial. These rules should be studied thoroughly and applied to all transcripts to ensure uniformity in all transcripts prepared.

Appendices 8 and 14 and R.C.M. 1103 and 1104 in the MCM provide further guidance in preparing, assembling, and copying records of trial.

REVISED APRIL 2009

ii

A. General Instructions for the Preparation of Verbatim Records of

Trial [page 1]

1. Font Size and Style [page 1]

2. Margins [page 1]

3. Page Numbering [page 1]

4. Abbreviations [page 2]

5. Line Spacing [page 2]

6. Line Numbering [page 2]

B. Specific Instructions for the Preparation of Records of Trial

[page 3]

1. Identification of persons speaking [page 3]

2. Verbatim recording and transcription [page 4]

3. Reporter’s Remarks/SSEs [page 4]

4. Recesses, Openings, Closings, and Adjournment [page 5]

5. Calling of Witnesses [page 7]

6. Stages of examination [page 8]

7. Exhibits [page 9]

8. Administration of oaths [page 11]

9. Accounting for personnel during trial [page 11]

C. Sample Pleas [page 13]

D. Sample Findings [page 15]

E. Sentence [page 17]

F. Adjournment [page 18]

G. Record of Trial Thickness/Volume Labeling [page 19]

H. Said in Context [sic] [page 19]

A. GENERAL INSTRUCTIONS FOR THE PREPARATION OF VERBATIM RECORDS

OF TRIAL.

1. Font Size and Style. The computer font size used will be

12, and the font style used will be Courier New. The paragraph line spacing will be double spaced.

2. Margins.

a. Set left margin at 1 inch.

b. Set right margin at 1/2 inch.

c. Top margin will be 1 1/2 inches.

d. Bottom margin on all pages will be 1 inch.

3. Page Numbering.

a. All pages will be numbered in the center of the page, 1/2 inch (three line spaces) from the bottom of the page. This includes the first page.

b. If errors in page numbering are made, make corrections as follows:

(1) Extra page to be inserted: Use preceding page number plus an "a," such as "19a."

(a) At the bottom of the preceding page, type:

Next page 19a

(b) At the bottom of the inserted page, type:

19a

Next page 20

(2) Skipped number, i.e., numbers jump from 18 to 20, but nothing has been omitted from the record:

On page 18, type:

There is no page 19

Next page 20

c. In transcribing a record of trial, typing should be ended as close to 1 inch (but not more than 2 inches) from the bottom of the page as possible. In cases where the typed text ends more than 2 inches from the bottom of the page (before line 21 of the transcript), the following should be typed below the last line of text (notice that this line is in all caps, bolded, placed in brackets, and centered on the page):

[END OF PAGE]

This is done to indicate to reviewing authorities that nothing has been omitted from the record of trial.

d. When typing “Q and A,” ensure at least two lines, or the entire text of a question or answer appear at the bottom of a page. Page break in appropriate places where necessary. Do not repeat the “Q” or “A” prefix at the top of the next page. To the extent practicable, use page breaks so that the answer to a question does not appear on a page separate from the answer.

4. Abbreviations: Unless a word is actually spoken as an abbreviation within the text of your record of trial (US Army, TMP, SFC), only the abbreviations indicated below are authorized in the body of the transcribed record of trial:

a. Mister -------------------------- Mr.

b. Mistress ------------------------ Mrs., Miss, Ms. Ms., as spoken.

c. Doctor -------------------------- Dr.

d. Junior/Senior ------------------- Jr./Sr.

5. Line Spacing: Double-space text, returning to the left margin on second and subsequent lines, with the exception of pleas, findings, and sentence, which should be single spaced, indented, and in bold print. Indent the elements of separate offenses in guilty plea cases.

6. Line numbering: With the exception of page 1 and the authentication page, line numbers will be inserted in the left margin of all subsequent pages of the record of trial.

NOTE: THIS IS NECESSARY TO ASSIST THE READER WHEN DOING ERRATA.

B. SPECIFIC INSTRUCTIONS FOR THE PREPARATION OF RECORDS OF TRIAL.

1. Identification of persons speaking.

a. The side or person conducting an examination will initially be identified by one of the following standard stock entries, beginning at the left margin and two lines down from the stage of examination:

Questions by the trial counsel:

Questions by the assistant trial counsel:

Questions by the defense counsel:

Questions by the assistant defense counsel:

Questions by the civilian defense counsel:

Questions by the military judge:

b. Individual questions posed by the questioner will be identified by a "Q."

c. Answers by the witnesses will be identified by an "A."

d. PREFIXES FOR IDENTIFYING PERSONNEL. To shorten the time involved in identifying speakers and still allow for a positive method of identification, the following prefixes are used:

COURT-MARTIAL PARTICIPANT ORAL (SPOKEN) TYPED

MILITARY JUDGE BIGMAC MJ:

PRESIDENT PRESMAC PRES:

COURT MEMBER MAJOR BALL MEMBER [MAJ BALL]:

MEMBERS MEMAC MEMBERS:

TRIAL COUNSEL TRIMAC TC:

ASSISTANT TRIAL COUNSEL ATTYMAC ATC:

DEFENSE COUNSEL DEFMAC DC:

CIVILIAN DEFENSE COUNSEL CIVMAC CDC:

ASSISTANT DEFENSE COUNSEL DEFYMAC ADC:

COURT REPORTER --- REPORTER:

WITNESS (When speaking but WITNESS WITMAC WIT:

NOT answering a question on examination.)

ACCUSED (When speaking but

NOT answering a question on examination as a witness.) ACCUSED ACCMAC ACC:

2. Verbatim recording and transcription. The testimony of witnesses and the remarks of court personnel will be recorded and transcribed verbatim, including slips of the tongue, false starts, interruptions, and pauses. When the person speaking interrupts himself/herself, use two hyphens.

EXAMPLE:

Q. What did he do?

A. Well, he walked--ran home.

When the person speaking is interrupted by another, use four hyphens.

Q. What did the Lieutenant tell you?

A. He told me that I----

DC: I object. What Lieutenant Brown said is hearsay, Your Honor, and----

A. ----was wrong.

3. Reporter's remarks/SSEs. The remarks inserted by the reporter and all standard stock entries will be enclosed in brackets.

The only exceptions will be the standard stock entries calling a witness, identifying the stages of examination and who is doing the questioning, and the initial SSE heading on page 1 beginning the ROT;

these SSEs will be bolded and NOT contained in brackets.

a. Notations by the reporter that are required to reflect a gesture will commence, if possible, on the same line or on the next immediate line. Notice the punctuation in the following examples.

EXAMPLES:

A. [Pointing to the accused.] That's him.

A. That's him over there [pointing to the accused].

Your determination of where a reporter's remark should appear, either within or outside of a particular sentence, depends solely upon the point at which the gesture occurs.

b. Reporter notations and/or SSEs that are not directly related to actions performed during testimony will be typed flush with the left margin. Second and succeeding lines are also typed flush with the left margin, typing the first letter directly under the bracket above it. Just let the text wrap around.

SSE [1LT O'Brien, the challenged member, withdrew from the courtroom.]

SSE [The trial counsel did as directed.]

SSE [The assistant trial counsel and the assistant defense counsel were sworn.]

SSE [The trial counsel read PE 2 to the court-martial.]

4. Recesses, Openings, Closings, and Adjournment: The record of trial must reflect the time (expressed in hours and minutes) and the date of each opening, closing, recess, and adjournment of the court-martial and all Article 39(a) sessions.

There are a variety of Standard Stock Entries (SSEs) that are utilized to accomplish the starting and stopping of the proceedings in the record of trial. You must choose the appropriate SSE that will accurately reflect these breaks in a proceeding.

When a trial begins, it begins with what is called an Article

39(a) session. An Article 39(a) session is any independent period of the proceedings that is held outside the presence of the court members. The initial Article 39(a) session is noted in the record of trial without line numbers on page 1 as follows:

PROCEEDINGS OF A SPECIAL COURT-MARTIAL

SSE The military judge called the Article 39(a) session to order at Fort Jones, Georgia, at 0906, 1 April 20CY, pursuant to the following order(s):

Court-Martial Convening Order Number 7, Headquarters, U.S. Army

Personnel Command, Washington D.C., dated 1 March 20CY.

If the Article 39(a) session recesses, that fact is reflected in the record of trial as follows:

SSE [The Article 39(a) session recessed at 0915, 1 December 20CY.]

When the Article 39(a) session is later called back to order, that fact is reflected in the record of trial as follows:

SSE [The Article 39(a) session was called to order at 0930, 1 December

20CY.]

Article 39(a) sessions may be held at any time during the course of a trial, if needed. If one is held, stop typing on the page you are on and type [END OF PAGE] centered, bolded, and in all caps on the next line below the last line of text (if you're not within 2 inches of the bottom of the page). Begin typing on the top of a new page, using the SSE shown above for calling a 39(a) session to order.

Once the original Article 39(a) session is recessed in a court-martial composed of members, the members will enter the courtroom and take their seats. The military judge will then call the court-martial to order. The SSE utilized for that situation, that is, the

FIRST meeting of the entire court-martial, including members, is as follows:

SSE [The court-martial was called to order at 0950, 1 December

20CY, pursuant to the orders previously inserted in the record.]

Thereafter, if the court-martial recesses, that fact is set forth in the record of trial as follows:

SSE [The court-martial recessed at 1020, 1 December 20CY.]

When the full court-martial comes back into session, that fact is set forth in the record of trial as follows:

SSE [The court-martial was called to order at 1022, 1 December 20CY.]

SSE [END OF PAGE]

There are only two occasions during the course of a trial when a court-martial will close and thereafter open. A court-martial will

"close" to allow deliberation on the ultimate issue of the guilt or innocence of an accused and, if he or she is found guilty of any offense, to allow deliberation on an appropriate sentence for an accused.

The SSE utilized for closing the court-martial is as follows:

SSE [The court-martial closed at 1800, 1 December 20CY.]

The SSE utilized for opening the court-martial after it has closed for deliberation is as follows:

SSE [The court-martial opened at 1857, 1 December 20CY.]

5. Calling of witnesses: The record must reflect the fact that a witness was called or recalled by the prosecution, defense, or the court-martial. Type the witness's rank, name, and armed force.

SSEs for calling witnesses are bolded and NOT placed in brackets.

The witness's rank and name will be typed in all capital letters.

Type only the middle initial, not the whole middle name. The SSE begins flush with the left margin, just as other SSEs do.

EXAMPLES (MILITARY WITNESSES):

SSE CORPORAL ROBERT M. JOHNSON, U.S. Army, was called as a witness for the prosecution, was sworn, and testified as follows:

SSE STAFF SERGEANT HAROLD C. BLACK, U.S. Army, was called as a witness for the defense, was sworn, and testified as follows:

SSE CAPTAIN JIM S. SMITH, U.S. Army, was recalled as a witness for the court-martial, reminded of his previous oath, and testified as follows:

SSE PRIVATE FIRST CLASS CHARLES E. SLOAN, U.S. Army, was recalled as a witness for the court-martial, reminded of his previous oath, and testified as follows:

EXAMPLES (CIVILIAN WITNESSES):

SSE PAUL Y. DUNCAN, civilian, was called as a witness for the prosecution, was sworn, and testified as follows:

SSE SALLY I. JONES, civilian, was called as a witness for the defense, was sworn, and testified as follows:

Note that NO titles such as Mr., Mrs., Ms., or Dr. are used.

6. Stages of examination: The reporter must record and transcribe the proper stage of examination. The stages of examination usually follow this order and will be typed in uppercase letters, bolded, and centered on the page below the SSE that shows the calling of the witness or after the previous stage of examination has ended.

SSE DIRECT EXAMINATION

SSE CROSS-EXAMINATION

SSE REDIRECT EXAMINATION

SSE RECROSS-EXAMINATION

SSE EXAMINATION BY THE COURT-MARTIAL

After recording the stage of examination, the reporter must identify the person who is conducting the examination. This is done by utilizing one of the following SSEs, as applicable:

SSE Questions by the trial counsel:

SSE Questions by the assistant trial counsel:

SSE Questions by the defense counsel:

SSE Questions by the assistant defense counsel:

SSE Questions by the civilian defense counsel:

SSE Questions by the military judge:

NOTE 1: THE CALLING OF THE WITNESS SSE, THE STAGE OF EXAMINATION,

AND THE FIRST QUESTION AND ANSWER SHOULD ALWAYS APPEAR ON THE

SAME PAGE. IF THERE IS NOT ENOUGH ROOM FOR THIS TO OCCUR,

INSERT AN [END OF PAGE] AT THE END OF THE CURRENT PAGE AND

BEGIN THE CALLING OF THE WITNESS SSE ON THE NEXT PAGE.

NOTE 2: IF A COURT MEMBER DESIRES TO QUESTION A WITNESS, THE

QUESTION IS WRITTEN OUT BY THE MEMBER AND MARKED AS AN

APPELLATE EXHIBIT. IT IS THEN INSPECTED BY BOTH COUNSEL FOR

POSSIBLE OBJECTIONS AND HANDED TO THE MILITARY JUDGE WHO THEN

READS THE QUESTION TO THE WITNESS. IF THESE ACTIONS ARE NOT

REFLECTED CLEARLY BY THE MILITARY JUDGE FOR THE RECORD,

YOU'LL HAVE TO COMPOSE A REPORTER'S NOTE. SEE THE BELOW

EXAMPLES.

[A question from CW2 Brown was marked as AE V, inspected by both counsel, and handed to the military judge for questioning.]

OR

[Questions from CPT Merrill, 1LT Jones, and SGM Cross were marked as AEs VI, VII, and VIII, respectively, inspected by both counsel, and handed to the military judge for questioning.]

You then type the following stage of examination:

SSE EXAMINATION BY THE COURT-MARTIAL

SSE Questions by the military judge:

7. Exhibits: During the course of a trial, there are usually exhibits presented to the court-martial that are first marked for identification. As the reporter, you should meet with counsel prior to trial and mark the exhibits so as not to delay the proceedings. In a long, contested case, however, it's inevitable that some exhibits will need to be marked during the court-martial proceedings. Some judges like the reporter to announce which exhibit they are marking, if it is done in open court. If your judge wants you to do this, the following entry is used:

REPORTER: This will be Defense Exhibit A for identification, Your Honor.

REPORTER: These will be Prosecution Exhibits 5 through 8 for identification, sir.

REPORTER: This will be Appellate Exhibit I, Your Honor.

When an exhibit that has been marked for identification is finally offered and received into evidence, the words "for identification" must be crossed-out. This can be accomplished in several different ways:

1. The reporter can cross-out the words in court at the direction of the military judge;

2. The reporter can cross-out the words at the conclusion of the trial, as directed by the military judge; or

3. The military judge can cross-out the words himself.

More often than not, the latter is the case.

Exhibits may be marked with a rubber stamp or pen, preferably in the lower right corner of the document. If there is not room for the marking in the lower right corner, then mark them in the lower left or some other conspicuous place on the document.

Photographs and other documents that cannot be marked on the front should be marked on the back and later mounted on a piece of bond paper with the exhibit number typed in capital letters on the lower right corner of the bond paper. Some physical items of evidence will require you to tag them with their exhibit number. Ensure you have evidence tags available to you for this purpose. Physical items of evidence that cannot be placed in the record of trial will have to be photographed after court, and these photographs will be placed in the record of trial. Ensure the military judge reflects for the record that photographs or photo copies may be substituted for the original item in the record of trial.

Assemble your exhibits in the following order immediately behind the authentication page:

1. Prosecution exhibits admitted into evidence.

2. Defense exhibits admitted into evidence.

3. Prosecution exhibits marked but not offered and/or admitted into evidence.

4. Defense exhibits marked but not offered and/or admitted into evidence.

5. Appellate exhibits.

NOTE 1: APPELLATE EXHIBITS ARE COURT ADMINISTRATIVE DOCUMENTS

AND ARE NOT MARKED FOR IDENTIFICATION NOR ADMITTED.

NOTE 2: FOR ALL EXHIBITS NOT ADMITTED INTO EVIDENCE, LIST THE

PAGE NUMBER(S) OF THE RECORD OF TRIAL WHERE EACH

EXHIBIT WAS OFFERED AND REJECTED ON THE FRONT OF THE

EXHIBIT, PREFERABLY IN THE LOWER RIGHT CORNER BELOW

THE EXHIBIT MARKING. EXHIBITS THAT WERE NOT EVEN

OFFERED DURING THE TRIAL BUT WERE SEQUENTIALLY

MARKED AND FALL IN THE MIDDLE OF OTHER EXHIBITS MUST

ALSO GO IN THE RECORD. YOU CAN AVOID THIS HAPPENING

TOO OFTEN BY ENSURING YOU HAVE CONTROL OVER THE

MARKING OF EXHIBITS.

8. Administration of oaths: It is not necessary to record verbatim the oath actually used, whether it be administered to a witness, the military judge, counsel, or the members. Regardless of the form of oath, affirmation, or ceremony by which the conscience of the witness is bound, R.C.M. 807, only the fact that a witness took an oath or affirmation is to be transcribe.

The following are some examples of some Standard Stock

Entries of personnel of the court being sworn:

[The detailed reporter, Staff Sergeant Sandra Smith, was sworn.]

[The detailed interpreter, Marcus Brown, was sworn.]

[The members were sworn.]

[The accused was sworn.]

9. Accounting for personnel during trial: The reporter should note whether, when a witness is excused, the witness withdraws from the courtroom or, in the case of the accused, whether the accused resumed his seat at counsel table. Similarly, if the military judge excuses a member as a result of a challenge and the member withdraws, the reporter should note this fact in the record.

The following are some examples of some Standard Stock

Entries used to account for personnel during trial:

[The witness was temporarily excused and withdrew from the courtroom.]

[Captain Smith, the challenged member, withdrew from the courtroom.]

[The accused resumed his seat at counsel table.]

C. SAMPLE PLEAS:

Listed below are a number of examples of pleadings. They are listed here only to give you some idea of what the pleading should look like in a record of trial. REMEMBER, THESE ARE ONLY EXAMPLES.

As a court reporter, it is your responsibility to record the pleas verbatim and then enter them in the record of trial in the proper format. DO NOT CHANGE WHAT WAS ACTUALLY SAID IN THE COURT-

MARTIAL. RATHER, TAKE WHAT WAS SAID AND ENTER IT VERBATIM IN YOUR

RECORD OF TRIAL IN THE PROPER BLOCKED-STYLE FORMAT.

One word about capitalization here. The words "charge" and/or

"specification" are only capitalized in the ROT when the speaker is referring to a specific charge or specification. For example, Charge

I, Charge II, The Charge (if there's only one charge), The

Specification (if there's only one specification under a particular charge), Specifications 1 through 3, Charges I through IV, etc...When referred to in general (The charges are signed by...), the words are not capitalized. HOWEVER, during pleas and findings, if the plea or finding is to all Charges and Specifications, then both words are capitalized.

Please note that you indent ten (10) spaces (2 tabs) from the left margin and divide the pleading by seven (7) spaces from the end of the longest line. Single-space between specifications of the same charge, and double-space between charges. SEE EXAMPLES. NOTE BLOCK

FORMAT, BOLD PRINT, AND LINE SPACING!

**PLEAS, FINDINGS, AND SENTENCE ARE SINGLE-SPACED AND BOLDED.

1. SAMPLE PLEA OF NOT GUILTY: ONE CHARGE SUPPORTED BY

ONE SPECIFICATION.

To The Specification and The Charge: Not Guilty.

To The Specification of The Charge: Not Guilty.

To The Charge: Not Guilty.

2. MANY SPECIFICATIONS AND CHARGES, BUT PLEA TO ALL

CONSISTENT.

To all Specifications and Charges: Not Guilty.

3. ONE CHARGE AND TWO SPECIFICATIONS.

To Specification 1 of The Charge: Guilty.

To Specification 2 of The Charge: Not Guilty.

To The Charge: Guilty.

Note: If the accused pleads guilty to any of the specifications of a charge, a plea of guilty must be entered for the Charge.

4. TWO CHARGES, ONE WITH ONE SPECIFICATION AND ONE WITH TWO

SPECIFICATIONS.

To The Specification of Charge I: Not Guilty.

To Charge I: Not Guilty.

To Specification 1 of Charge II: Not Guilty.

To Specification 2 of Charge II: Guilty.

To Charge II: Guilty.

5. GUILTY BY EXCEPTIONS AND SUBSTITUTIONS (CHARGED WITH

LARCENY - PLEADS TO THE LESSER INCLUDED OFFENSE OF WRONGFUL

APPROPRIATION).

To The Specification of The Charge: Guilty, except the word, "steal", substituting therefor the words, "wrongfully appropriate". To the excepted word:

Not Guilty; To the substituted words:

Guilty.

6. SOMETIMES YOU MAY HEAR THE DEFENSE PLEAD:

To all Charges and Specifications: Not Guilty.

To all Charges and Specifications: Guilty.

NOTE: REMEMBER, THESE ARE ONLY FORMAT EXAMPLES. BE SURE TO GET THE

PUNCTUATION AND CAPITALIZATION CORRECT.

D. SAMPLE FINDINGS.

Findings as to the guilt or innocence of the accused as to any or all charges and specifications are set forth in the record of trial in the same manner as are the pleadings.

Again, the following are only examples. As a court reporter, it is your responsibility to record the findings verbatim and then enter them in the record of trial in the proper format.

DO NOT CHANGE WHAT WAS ACTUALLY SAID IN THE COURT-MARTIAL. RATHER,

TAKE WHAT WAS SAID AND ENTER IT IN YOUR RECORD OF TRIAL IN THE PROPER

FORMAT.

NOTE BLOCK FORMAT. (MCM Appendix 14(a)(4))

1. SAMPLE FINDING OF GUILTY - ONE CHARGE AND ONE

SPECIFICATION.

Of The Specification of The Charge: Guilty.

Of The Charge: Guilty.

Of The Specification and The Charge: Guilty.

2. SAMPLE FINDING OF GUILTY - ONE CHARGE AND TWO

SPECIFICATIONS.

Of Specification 1 of The Charge: Not Guilty.

Of Specification 2 of The Charge: Guilty.

Of The Charge: Guilty.

3. SAMPLE FINDING - TWO CHARGES - ONE GUILTY/ONE NOT

GUILTY - ONE SPECIFICATION UNDER EACH CHARGE.

Of The Specification of Charge I: Guilty.

Of Charge I: Guilty.

Of The Specification of Charge II: Not Guilty.

Of Charge II: Not Guilty.

4. SAMPLE FINDING IN THE CASE OF TWO CHARGES WITH TWO

SPECIFICATIONS UNDER EACH CHARGE, WHERE THE FINDING FOR THE

SECOND SPECIFICATION UNDER EACH IS NOT GUILTY.

Of Specification 1 of Charge I: Guilty.

Of Specification 2 of Charge I: Not Guilty.

Of Charge I: Guilty.

Of Specification 1 of Charge II: Guilty.

Of Specification 2 of Charge II: Not Guilty.

Of Charge II: Guilty.

5. ONE CHARGE WITH ONE SPECIFICATION THEREUNDER WHERE

ACCUSED IS FOUND GUILTY BY EXCEPTIONS AND SUBSTITUTIONS.

Of The Specification of

The Charge: Guilty, except the words, "in the nighttime, unlawfully break and enter the" and

"with intent to commit larceny", substituting therefor the words, "unlawfully enter a" and

"with intent to commit a criminal offense, to wit:

willfully damage military property".

Of the excepted words:

Not Guilty;

Of the substituted words:

Guilty.

Of The Charge: Not Guilty, but Guilty of a violation of Article 130, UCMJ.

6. SEVERAL CHARGES WITH SPECIFICATIONS THEREUNDER AND THE

FINDING OF THE COURT-MARTIAL IS GUILTY OF ALL CHARGES

AND SPECIFICATIONS.

Of all Specifications and Charges: Guilty.

7. THREE CHARGES AND SPECIFICATIONS THEREUNDER WITH THE

FINDING OF THE COURT-MARTIAL BEING GUILTY AS TO THE

FIRST AND THIRD CHARGES AND THEIR SPECIFICATIONS BUT

NOT GUILTY OF THE SECOND CHARGE AND ITS SPECIFICATION.

Of Charges I and III and the

Specifications thereunder: Guilty.

Of Charge II and The

Specification thereunder: Not Guilty.

8. FIVE CHARGES WERE REFERRED TO TRIAL, AND A MOTION FOR A

FINDING OF NOT GUILTY WAS GRANTED AS TO CHARGE II; THE

CONVENING AUTHORITY WITHDREW CHARGE IV AFTER ARRAIGNMENT.

THE ACCUSED PLED GUILTY TO CHARGE I, AND THE COURT-MARTIAL

FINDS THE ACCUSED GUILTY OF CHARGE III AND ITS

SPECIFICATIONS BUT NOT GUILTY OF CHARGE V AND THE

SPECIFICATION THEREUNDER. THE FINDINGS COULD BE SET OUT AS

FOLLOWS:

Of Charges I and III and the

Specifications thereunder: Guilty.

Of Charge V and the

Specifications thereunder: Not Guilty.

Note: These charges and specifications extend beyond the margin of the first line when typed, making it necessary to drop the remaining information to the second line, as shown.

E. SENTENCES.

After the court-martial has deliberated in closed session and reached agreement as to what an appropriate sentence should be, the court-martial will open. At that time, the president of the court-martial (in a court-martial composed of members) or the military judge (in a court-martial tried before a military judge alone) will announce the sentence.

The sentence is typed single-spaced in BLOCK FORMAT and bold print. Please note that each line of the sentence is indented ten

(10) spaces (2 tabs) from the left margin. Only one (1) element of the sentence is placed on a line, and subsequent lines are aligned directly below the line above it.

***TYPE THE SENTENCE EXACTLY AS IT IS READ USING THE FORMAT BELOW.

DO NOT CHANGE THE ORDER THAT THE SENTENCE IS READ.

PRES: Specialist Phineus R. Quirk, U.S. Army, this court-martial sentences you:

To be reduced to the grade of pay grade E1;

To forfeit $25 pay per month for 3 months;

To be confined for 3 months; and

To be discharged from the service with a bad-conduct discharge.

F. ADJOURNMENT

At the conclusion of all proceedings against an accused, the military judge may ask if there are any further matters to be taken up at that time. If there are none, he will adjourn the court-martial. You will use the following SSE only ONE time during a court-martial. The SSE utilized to show the adjournment is as follows:

SSE [The court-martial adjourned at 2345, 1 December 20CY.]

G. RECORD OF TRIAL THICKNESS/VOLUME LABELING.

Each volume of a record of trial should be no more than 1.5 inches thick and held together by a 2.25-inch prong fastener.

Remember that many pages can be added during the appellate process.

DO NOT interlace or "piggyback" prong fasteners to create an oversized volume; they are unlikely to stay together in shipment, and the contents will be spilled.

When it becomes necessary to assemble the ROT into more than one volume, the volumes will be numbered consecutively on the front cover

(DD Form 490) as illustrated below: MCM Appendix 14, para 13)

Volume I of IV (Allied Documents and Article 32 Investigation)

Volume II of IV (ROT Pages 1-250)

Volume III of IV (ROT Pages 251-450)

Volume IV of IV (ROT Pages 451-500 and all exhibits)

**Please note that the corresponding page numbers contained in each volume are also listed.

H. SAID IN CONTEXT [sic].

If a party to the trial says something incorrectly, you must still type what was said verbatim. In order to avoid confusion after the incorrect text, type [sic] said in context. This tells the reader of the record that what precedes it is what was actually said;

however, it is incorrect.

To illustrate, in the first example below, the trial counsel says "Charge I" when he/she should have said "Charge II." You would type:

TC: Your Honor, the accused is charged with AWOL in The

Specification of Charge I [sic], and the government requests

HERE ARE SOME OTHER EXAMPLES:

DC: Your Honor, the accused left his unit and went AWOL on

26 December 1997 [sic].

(Should have said 25 December 1997.)

TC: Your Honor, the accused's mother--excuse me, his father, Your Honor, is unavailable

(Don't need to use [sic] here because the TC made the correction clear immediately.)

If a witness is on the stand using improper pronunciation and/or incorrect words throughout his/her testimony, it is not necessary to

"[sic]" him/her. Just type the testimony as spoken. It will be obvious to the reader that that is simply the witness's speech pattern. The proper use of [sic], as shown in the examples above, is to avoid confusion in the record and to show that what is typed is what was said and not a typographical error.

VERBATIM COURT

REPORTING FORMAT

Judge Alone Guilty Plea

U.S. Army

DD FORM 490, MAY 2000 Previous editions are obsolete Front Cover

ORIGINAL

Volume I of I

VERBATIM 1

RECORD OF TRIAL 2

(and accompanying papers) of

QUIRK, Phineus R. 123-45-6789 Specialist/E4

(Name, Last, First, Middle Initial) (Social Security Number) (Rank)

Headquarters and

Headquarters Company, 12th Infantry Division U.S. Army Fort Jones, Georgia

(Unit/Command Name) (Branch of Service) (Station or Ship)

By

SPECIAL COURT-MARTIAL

Convened by COMMANDER

(Title of Convening Authority)

12th Infantry Division and Fort Jones

(Unit/Command of Convening Authority)

Tried at

Fort Jones, Georgia on 17 March 20CY

(Place or Places of Trial) (Date or Dates of Trial)

COMPANION CASE(S):

Name; Rank; SSN; Unit; Title, such as co-accused, co-conspirator; action taken or pending, such as tried by GCM, pending trial by SPCM, etc., and the date(s) of trial, if already held.

THERE ARE NO COMPANION CASES.

1 Insert "verbatim" or "summarized" as appropriate. (This form will be used by the Army and Navy for verbatim records of trial only.)

2 See inside back cover for instructions as to preparation and arrangement.

DD FORM 490, MAY 2000 Previous editions are obsolete Inside Front Cover

CHRONOLOGY SHEET

In the case of Specialist Phineus R. Quirk

Date of alleged commission of earliest offense tried: _____________, _________

Date record forwarded to The Judge Advocate General: _____________, _________

(Signature and Rank of Staff Judge Advocate or Legal Officer)

1. In a case forwarded to The Judge Advocate General, the staff judge advocate or legal officer is responsible for completion of the Chronology Sheet. Trial counsel should report any authorized deductions and reasons for unusual delay in the trial of the case.

2. Or officer conducting review under Article 64(a) (MCM, 1984, RCM 1112).

3. In computing days between two dates, disregard first day and count last day. The actual number of days in each month will be counted.

4. Item 1 is not acceptable when accused is not restrained, (see MCM, 1984, RCM 304) or when he/she is in confinement under a sentence or court-martial at time charges are preferred. Item 2 will be the zero date if item 1 is not acceptable.

5. May not be applicable to trial by special court-martial.

6. Only this item may be deducted.

7. If no further action is required, items 1 to 8 will be completed and chronology signed by such convening authority or his/her representative.

8. When further action is required under Article 64 or service directives.

ACTION DATE

CUMULATIVE

ELAPSED

DAYS

1. Accused placed under restraint by military authority 4

2. Charges preferred (date of affidavit)

3. Article 32 investigation (date of report) 5

4. Charges received by convening authority

5. Charges referred for trial

6. Sentence or acquittal

Less Days:

Accused sick, in hospital, or AWOL:

Delay at request of defense:

Total authorized deduction 6

7. Net elapsed days to sentence or acquittal

8. Record received by convening authority

Action 7

9. Record received by officer conducting review under Article 64(a)

Action 8

REMARKS:

r

ARTICLE 32

INVESTIGATION

PRETRIAL ALLIED

PAPERS

RECORD OF PROCEEDINGS

Signature of (MJ) (TC) (DC) ___________________________ DATE

ERRATA SHEET

UNITED STATES v. SPECIALIST PHINEUS R. QUIRK

DATE COMPLETED: 1 April 20CY

DATE SENTENCE ADJUDGED: 17 March 20CY

Military Judge:

COL Legal

Trial Counsel(s)

CPT Ryan

Defense Counsel

CPT Hartman

Court Reporter(s)

SSG Smith

LOCATION CHANGE INITIALS

PAGE # LINE # FROM TO MJ TC DC

***** MILITARY JUDGES’ ERRATA SHEET *****

UNITED STATES V. SPC Phineus R. Quirk

MILITARY JUDGE: COL Always M. Legal

PAGE

NUMBER

JUDGE’S

INITIAL

S

PAGE

NUMBER

JUDGE’S

INITIAL

S

PAGE

NUMBER

JUDGE’S

INITIAL

S

PAGE

NUMBER

JUDGE’S

INITIAL

S

NOTICE: The above page(s) (has) (have) correction(s). A copy of each corrected page must be inserted into all copies of the record of trial.

Signature of Military Judge: ______________________________________ Date: ______________

FHT Form 27-X22 (SJA) 1 NOV 94

DD Form 490, May 2000, Page 2

RECORD OF TRIAL

Headquarters and

Headquarters Company, 12th Infantry Division U.S. Army Fort Ord, California

(Unit/Command Name) (Branch of Service) (Station of Ship)

Fort Jones, Georgia on 17 March 20CY___

INDEX RECORD

Article 39(a) Sessions:

On 17 March 20CY R- 1

On R- --

On R- --

Introduction of Counsel R- 2

Challenges R- --

Arraignment R- 8

Motions R- 9

Pleas R- 10

Prosecution evidence R- 12

Defense Evidence R- --

Instructions on Findings R- --

Findings R- 27

Prosecution evidence R- 29

Defense evidence R- 32

Sentence R- 33

Appellate rights advisement R- 35

Proceedings in revision R- --

DD Form 490, May 2000, Page 3

TESTIMONY

NAME OF WITNESS (LAST, FIRST, MIDDLE INITIAL)

DIRECT AND

REDIRECT

CROSS AND

RECROSS

COURT

PROSECUTION

PVT Time, Harry O. 29 30 --

DEFENSE

SPC Quirk, Phineus R. (Unsworn Statement) 32 -- --

COURT

EXHIBITS ADMITTED IN EVIDENCE

Brief Description Page

Offered

Page

Admitted

Page

Rejected

Page

W/D

PROSECUTION EXHIBITS

1. Stipulation of Fact 12 15 -- --

2. Enlisted Record Brief 31 31 -- --

3. -- -- -- --

4. -- -- -- --

5. -- -- -- --

6. -- -- -- --

DEFENSE EXHIBITS

A. -- -- -- --

B. -- -- -- --

C. -- -- -- --

D. -- -- -- --

E. -- -- -- --

F. -- -- -- --

APPELLATE EXHIBITS Page Marked

I. Request for Military Judge Alone 7

II. Offer to Plead Guilty 20

III. Quantum 20

IV. Post Trial and Appellate Rights 35

V.

DD Form 490, May 2000, Page 4

COPIES OF RECORD

_______ copy of record furnished the accused or defense counsel as per attached certificate or receipt.

_______ copy(ies) of record forwarded herewith.

RECEIPT FOR COPY OF RECORD

I hereby acknowledge receipt of a copy of the record of trial in the case of the

United States v. Specialist Phineus R. Quirk.

Delivered to me at ______________________________ this __________ day of __________

2007.

(Signature of accused)

DD Form 490, May 2000, Page 5

CERTIFICATE IN LIEU OF RECEIPT

(Place) (Date)

I certify that on this date a copy of the record of trial in the case of the United

States v. Specialist Phineus R. Quirk, was transmitted (delivered) to the accused, Specialist Phineus R. Quirk, at by .

(Place/Means of delivery) and that the receipt of the accused had not been received on the date this record was forwarded to the convening authority. The receipt of the accused will be forwarded as soon as it is received.

(Signature of trial counsel)

OR

(Place) (Date)

I certify that on this date a copy of the record of trial in the case of the United

States v. Specialist Phineus R. Quirk, was transmitted (delivered) to the accused's defense counsel, Captain Kenneth C. Hartman, at ___________________________ by, ______________________________because (it was impracticable to serve the record of trial on the accused because he/she was transferred to ___________________________)

(the accused requested such at trial)

(the Place sent to)

(accused so requested in writing, which is attached)

(the accused is absent without leave)

(Other reason)

(Signature of trial counsel)

The accused was not served personally because (he/she is absent without leave)

(Other Reason)

Accused has no defense counsel to receive the record because

(defense counsel has been excused under RCM 505(d)(2)(B))

(Date) (Signature of trial counsel)

SSE PROCEEDINGS OF A SPECIAL COURT-MARTIAL

SSE The military judge called the Article 39(a) session to order at

Fort Jones, Georgia, at 0945, 17 March 20CY, pursuant to the following order:

Court-Martial Convening Order Number 10, Headquarters, 12th Infantry

Division and Fort Jones, Fort Jones, Georgia, dated 1 February 20CY.

SSE [END OF PAGE]

NOTE: The convening orders will be inserted in the ROT directly behind this page. If there are amending orders, they will be placed first with the most recent on top and then in descending order, followed by the basic convening order on the bottom.

Court-Martial Convening Order Number 10, Headquarters, 12th Infantry

Division and Fort Jones, Fort Jones, Georgia, dated 1 February 20CY

MJ: This Article 39(a) session is called to order.

TC: The court-martial is convened by Court-Martial Convening

Order Number 10, this Headquarters, dated 1 February 20CY, copies of which have been furnished to the military judge, counsel, the accused, and to the reporter for insertion at this point in the record. There are no corrections noted on the convening order.

The Charge has been properly referred to this court for trial and was served on the accused on 20 February 20CY.

The accused and the following persons detailed to this court-martial are present:

COLONEL ALWAYS M. LEGAL, MILITARY JUDGE;

CAPTAIN PETER R. RYAN, TRIAL COUNSEL; and

CAPTAIN KENNETH C. HARTMAN, DEFENSE COUNSEL.

The members detailed to this court-martial are absent.

Staff Sergeant Deborah M. Smith has been detailed reporter for this court and has previously been sworn.

I have been detailed to this court-martial by the Staff

Judge Advocate, 12th Infantry Division, Fort Jones, Georgia. I am qualified and certified under Article 27(b) and sworn under Article

42(a). I have not acted in any manner which might tend to disqualify me in this court-martial.

MJ: Defense counsel will announce by whom he was detailed and his qualifications.

DC: Yes, Your Honor. I have been detailed to this court-martial by the Senior Defense Counsel of the Trial Defense Service

Field Office, Fort Jones, Georgia. I am qualified and certified under Article 27(b) and sworn under Article 42(a), UCMJ. I have not acted in any manner which might tend to disqualify me in this court-martial.

NOTE: If any counsel has not been previously sworn and is, therefore, sworn on the record, use the proper SSE to reflect the swearing.

SSE [The civilian defense counsel was sworn.]

SSE [The individual military counsel was sworn.]

MJ: Specialist Quirk, I am sure that Captain Hartman has discussed your rights to counsel with you; however, the law requires that I ensure that you understand your rights.

You have the right to be represented by Captain Hartman, your detailed defense counsel. He is an attorney and is fully qualified to serve as your defense counsel. His services are provided to you free of charge by the Army Trial Defense Service.

You have the right, however, to request a different military lawyer to represent you. If the person you request is reasonably available, he or she would be appointed to represent you free of charge.

Do you understand that?

ACC: Yes, sir.

MJ: If your request for this other military lawyer were granted, however, you would not have the right to keep the services of Captain Hartman, your detailed defense counsel. This is because you are only entitled to one military lawyer. You may ask the Senior

Defense Counsel of the Trial Defense Service Field Office to let you keep your detailed counsel, but your request would not have to be granted.

Do you understand that?

ACC: Yes, sir.

MJ: In addition to the right to request a military lawyer of your own choice, you have the right to be represented by a civilian lawyer.