TECHNICAL EXHIBIT 3 MANUAL COURT REPORTER AND REPORTING FORMAT.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 TRANSCRIPT IF:

The proceedings result in finding of guilt.

*No punitive discharge and confinement of less than 6 months, the transcript will be placed on a disc.

ASSEMBLE EXHIBITS:

Prosecution Exhibits Admitted Defense Exhibits Admitted Prosecution Exhibits marked but not offered and/or admitted Defense Exhibits marked but not offered and/or admitted Appellate Exhibits

* Refer to the Army Records Information Management System records retention schedule and AR 27-10 to determine the proper disposition 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, or until affirmed by ACCA.

* If you have additional questions concerning the proper disposition of records of trial please contact the Records Branch at the Office of the Clerk of Court at 703-588-7927.

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RECORD OF

TRIAL GUIDE

THE ARMY

COURT REPORTER COURSE

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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.

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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. Nonwords [page 2]

6. Line Spacing [page 2]

7. Line Numbering [page 2]

8. Ending a Page [page 3]

B. Specific Instructions for the Preparation of Records of Trial [page 3]

1. Identification of persons speaking [page 4]

2. Verbatim recording and transcription [page 5]

3. Reporter’s Remarks/SSEs [pages 5-7]

4. Recesses, Openings, Closings, and Adjournment [pages 7-10]

5. Calling of Witnesses [pages 11-12]

6. Stages of examination [pages 12-13]

7. Exhibits [pages 14-15]

8. Administration of oaths [page 15]

9. Accounting for personnel during trial [page 15-16]

C. Sample Pleas [pages 17-19]

D. Sample Findings [pages 20-22]

E. Sentences [pages 23-25]

F. Adjournment [page 26] iii

G. Record of Trial Thickness/Volume Labeling [page 26]

H. Said in Context [sic] [page 27-28]

A. GENERAL INSTRUCTIONS FOR THE PREPARATION OF VERBATIM RECORDS

OF TRIAL.

1. Font Size and Style. The font size used will be 12, and the font style used will be Courier New, Arial, Times-Roman, or Times-New Roman. 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 in the transcribed record of trial shall be numbered consecutively, beginning with “1”. The page number shall be centered on the page 1/2 inch from the bottom. 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: When numbers jump from 18 to 20, but nothing has been omitted from the record, indicate the following:

On page 18, type:

There is no page 19 Next page 20

4. Abbreviations: Unless a word is actually spoken as an abbreviation within the text of your record of trial (U.S. 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.

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

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

5. Nonwords: Oftentimes witnesses and counsel will answer using nonwords. These nonwords represent affirmative and negative responses and should be reflected in the transcript as follows:

EXAMPLES of affirmative responses:

Uh-huh; mm-hmm [indicating an affirmative response].

EXAMPLES of negative responses:

Uh-uh; nuh-uh [indicating a negative response].

EXAMPLES of asking “What?” or “Please repeat”:

Huh; Eh; Hm

These are just examples. The court reporter should use their best judgement to indicate what was heard on the audio.

6. 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.

7. 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.

Line numbers assist the reader for errata and Appellate Court purposes.

8. Ending a page: In transcribing a record of trial, typing should end as close to the 1 inch bottom margin as possible. In cases where the text ends more than 2 inches from the bottom of the page (line 21), the following will be typed below the last line of text:

[END OF PAGE]

Notice that this line is in all caps, bolded, placed in brackets, and centered on the page.

This SSE indicates to reviewing authorities that nothing has been omitted from the record of trial.

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

1. Identification of persons speaking.

a. The party conducting an examination will be identified by one of the following standard stock entries:

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. The following prefixes are used to reflect the parties in the record of trial:

COURT-MARTIAL PARTY: REFLECTED IN RECORD AS:

MILITARY JUDGE MJ:

TRIAL COUNSEL TC:

ASSISTANT TRIAL COUNSEL ATC:

DEFENSE COUNSEL DC:

ASSISTANT DEFENSE COUNSEL ADC:

CIVILIAN DEFENSE COUNSEL CDC:

SPECIAL VICTIM COUNSEL SVC:

INTERPRETER INT:

ACCUSED ACC:

COURT REPORTER REPORTER:

BAILIFF BAILIFF:

WITNESS WIT:

PRESIDENT PRES:

COURT MEMBER(Specific) MEMBER [MAJ BALL]:

COURT MEMBERS(All) MEMBERS:

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, changing thought or subject, use two hyphens with one space before and after.

EXAMPLE:

Q. What did he do?

A. Well, he walked -- ran home.

When the person speaking is interrupted by another person use two hyphens with one space before and after; however, the rest of the interrupted sentence will only have one space after the hyphens.

EXAMPLE:

Q. What did the lieutenant tell you?

A. He told me that I --

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

A. -- was wrong.

3. Reporter's notes/SSEs. The reporter’s notes, and gestures (non-verbatim observations) will be placed in brackets, with the exception of standard stock entries identifying witnesses, stages of examination, and individual voir dire, and the initial SSE heading on page 1 beginning the ROT; these SSEs will be bolded and NOT contained in brackets. SSEs that stand on their own will be in the past tense.

Action SSEs within someone talking will be in the present tense.

a. Exhibits will be abbreviated within SSEs as follows:

(1). Prosecution Exhibit _ for identification – PE _ for ID

(2). Defense Exhibit _ for identification – DE _ for ID

(3). Prosecution Exhibit _– PE _

(4). Defense Exhibit _– DE _

(5). Appellate Exhibit _– AE _

EXAMPLE:

[The trial counsel handed PE 1 for ID to the military judge.]

b. 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.

EXAMPLES:

The trial counsel spoke and then completed action:

TC: Yes, I do, Your Honor.

[The trial counsel handed AE I to the military judge.]

The trial counsel completed the action and then spoke:

[The trial counsel handed AE I to the military judge.]

TC: Yes, I do, Your Honor.

The trial counsel began speaking, completed action, and continued speaking:

TC: Yes, [handing AE I to the military judge] I do, Your Honor.

The trial counsel completed the action at the beginning of the sentence:

TC: [Handing AE I to the military judge] Yes, I do, Your Honor.

The trial counsel completed the action at the end of the sentence:

TC: Yes, I do, Your Honor [handing AE I to the military judge].

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.

EXAMPLES:

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

[The trial counsel did as directed.]

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

[The special victim counsel approached the podium.]

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

Military formatting will be used to reflect the time and date in SSEs.

EXAMPLE:

[The court-martial was called to order at 0900, 1 February 20CY.]

There are a variety of 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.

The initial Article 39(a) session for special and general courts-martial is noted in the record of trial on page 1 as follows:

PROCEEDINGS OF A SPECIAL COURT-MARTIAL

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

Atterbury, Indiana, at 0900, 1 February 20CY, pursuant to the following order:

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

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

[END OF PAGE]

The initial Article 39(a) session for a military judge alone special court-martial is noted in the record of trial on page 1 as follows:

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

Atterbury, Indiana, at 0900, 12 February 20CY, pursuant to Article

16(c)(2)(A) by order of Commander, Headquarters, U.S. Army

Personnel Command, Washington D.C., dated 15 January 20CY.

[END OF PAGE]

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

[The Article 39(a) session recessed at 0900, 1 February 20CY.]

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

[The Article 39(a) session was called to order at 0900, 1 February

20CY.]

In a trial by members, the military judge will recess the Article 39(a) session and then the members will enter the courtroom and be seated. After the members enter, the military judge will call the court-martial to order. The SSE to reflect the FIRST meeting of the entire court-martial, including members, is as follows:

[The court-martial was called to order at 0900, 1 February 20CY, pursuant to the orders previously inserted in the record.]

If the court-martial recesses for such reason as a comfort break, that fact is set forth in the record of trial as follows:

[The court-martial recessed at 0900, 1 February 20CY.]

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

[The court-martial was called to order at 0900, 1 February 20CY.]

If the court-martial recesses for such reason as AN ARTICLE 39(a) SESSION, it is separated in the Record of Trial from the COURT- MARTIAL SESSION. Article 39(a) sessions may be held at any time during the course of a trial by members, if needed.

After inserting the SSE for recessing the court-martial session and [END OF PAGE], if necessary, insert the SSE for calling the Article 39(a) session to order AT THE TOP OF THE NEXT NEW PAGE.

After the Article 39(a) session is recessed, insert the SSE for recessing the Article 39(a) session and [END OF PAGE], if necessary.

Then insert the SSE calling the court-martial to order AT THE TOP OF

THE NEXT NEW PAGE.

There are only two occasions during the course of a Trial by Members when the court-martial will close and later open. The court-martial will close to deliberate on findings and open to announce those findings. If the accused is found guilty of any offense, the court will close a second time to deliberate on sentencing and open to announce the sentence.

If the accused pleads guilty to all charges and specifications, the court-martial will only close and open one time. The court-martial will close to deliberate on sentencing and open to announce the sentence.

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

[The court-martial closed at 0900, 1 February 20CY.]

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

[The court-martial opened at 0900, 1 February 20CY.]

There are times the court must be closed to discuss matters outside the view of the general public, such as M.R.E. 412 and 513 motions.

These sections of the transcript will be sealed and separated from other sections of the transcript. Each motion heard in a closed hearing needs to be on a different page than the previous closed motion, even if heard during the same proceedings.

The SSEs utilized for closed/sealed sessions are as follows:

[The Article 39(a)/ court-martial recessed at 0900, 1 February 20CY.]

[Transcript pages ____ through ____ are sealed and contained in only the original record of trial pursuant to R.C.M. 1113.]

[END OF PAGE]

[The closed Article 39(a) session was called to order at 0905, 1

February 20CY.]

[The M.R.E. *** motion began at 0905, 1 February 20CY.]

[The M.R.E. *** motion ended at 0915, 1 February 20CY.]

[The closed Article 39(a) session recessed at 0915, 1 February 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. 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.

EXAMPLES (CALLED AND SWORN):

CORPORAL ROBERT M. JOHNSON, U.S. Army, was called as a witness for the (prosecution)(defense)(court-martial), was sworn, and testified as follows:

PAUL Y. DUNCAN, civilian, was called as a witness for the (prosecution)(defense)(court-martial), was sworn, and testified as follows:

SPECIAL AGENT JAMES BOND, (U.S. Army) (civilian), was called as a witness for the (prosecution)(defense)(court-martial), was sworn, and testified as follows:

EXAMPLES (RECALLED):

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

JOHN M. HENDERSON, civilian, was recalled as a witness for the (prosecution)(defense)(court-martial), reminded of his previous oath, and testified as follows:

EXAMPLES (TELEPHONIC TESTIMONY):

CORPORAL ROBERT M. JOHNSON, U.S. Army, was called as a witness for the (prosecution)(defense)(court-martial), was sworn, and testified telephonically as follows:

PAUL Y. DUNCAN, civilian, was called as a witness for the (prosecution)(defense)(court-martial), was sworn, and testified telephonically as follows:

EXAMPLES (TESTIMONY VIA INTERPRETER):

CARLOS PEREZ, civilian, was called as an interpreter for the (prosecution)(defense)(court-martial)and was sworn.

CARMEN T. FRANCO, civilian, was called as a witness for the (prosecution)(defense)(court-martial), was sworn, and testified through an interpreter as follows:

EXAMPLES (TESTIMONY VIA VTC):

SERGEANT FIRST CLASS DANIEL A. STEWART, U.S. ARMY, was called as a witness for the (prosecution)(defense)(court-martial), was sworn, and testified via video teleconference as follows:

EXAMPLES (UNSWORN):

UNSWORN STATEMENT

SPECIALIST PHINEUS R. QUIRK, the accused, made the following unsworn statement:

UNSWORN STATEMENT

FRANK SPICER, civilian, made the following unsworn statement:

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.

EXAMPLES:

DIRECT EXAMINATION

CROSS-EXAMINATION

REDIRECT EXAMINATION

RECROSS-EXAMINATION

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:

EXAMPLES:

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:

THE CALLING OF THE WITNESS, STAGE OF EXAMINATION, AND FIRST QUESTION

AND ANSWER MUST 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.

TO THE EXTENT PRACTICABLE, A “Q” AND “A” SHOULD NOT BE SEPARATED. AT

LEAST TWO LINES OF THE “A” MUST BE ON THE SAME PAGE OF THE “Q”. IF

THE “A” IS LESS THAN TWO LINES, USE PAGE BREAKS SO THAT THE ANSWER TO

A QUESTION DOES NOT APPEAR ON A PAGE SEPARATE FROM THE QUESTION.

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.]

[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:

EXAMINATION BY THE COURT-MARTIAL

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.

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 “for identification” in court at the direction of the military judge;

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

3. The military judge can cross-out the words “for identification” himself / herself.

Exhibits may be marked with a rubber stamp or pen 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. Discs or DVDs should be marked with a permanent marker on the surface of the disc and placed in a protective sleeve. 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:

1. Prosecution exhibits admitted into evidence.

2. Defense exhibits admitted into evidence.

3. Prosecution exhibits offered but not admitted into evidence.

4. Defense exhibits offered but not admitted into evidence.

5. Prosecution exhibits marked but not offered nor admitted.

6. Defense exhibits marked but not offered nor admitted.

7. Appellate exhibits.

APPELLATE EXHIBITS ARE COURT ADMINISTRATIVE DOCUMENTS AND ARE NOT

MARKED FOR IDENTIFICATION NOR ADMITTED.

8. Administration of oaths: It is not necessary to reflect verbatim the oath actually used, whether it be administered to a witness, the military judge, counsel, the accused, 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 transcribed.

The following are examples of the SSEs used to reflect that a party was sworn:

[The civilian defense counsel 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 examples of the SSEs used to account for parties during trial:

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

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

[The witness was permanently excused and took a seat in the gallery.]

[The witness was duly warned, permanently excused, and the call was terminated.]

[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.

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

SINGLE-SPACE BETWEEN SPECIFICATIONS OF THE SAME CHARGE, AND DOUBLE-

SPACE BETWEEN CHARGES.

Please note that you will use the Pleas-findings Tab 50 paragraph style for pleadings of two words or less for the charge(s) and/or specification(s) and Pleas – findings Tab 40 paragraph style for pleadings of three words or more for the charge(s) and/or specification(s).

EXAMPLES:

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

ONE SPECIFICATION.

a. To The Specification and The Charge: Not Guilty.

b. To The Specification of The Charge: Not Guilty.

To The Charge: Not Guilty.

c. To The Charge and its Specification: Not Guilty.

2. MANY SPECIFICATIONS AND CHARGES, BUT PLEA TO ALL

CONSISTENT.

a. To all Specifications and Charges: Not Guilty.

b. To all Charges and their Specifications: Not Guilty.

c. To all Charges and Specifications: Not Guilty.

3. ONE CHARGE AND TWO SPECIFICATIONS.

a. To Specification 1 of The Charge: Guilty.

To Specification 2 of The Charge: Not Guilty.

To The Charge: Guilty.

b. To The Charge and its Specifications: 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.

a. 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.

a. 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.

To The Charge: Guilty.

b. To The Specification of Charge I: Guilty, except the word "her", substituting therefor the word “his”.

To the excepted word: Not Guilty;

To the substituted word: Guilty.

To Charge I: Guilty.

To The Specification of Charge II: Guilty, except the figures “4- 5(p)(2)”, substituting therefor the figures “4-2(p)(2)”.

To the excepted figures:

Not Guilty;

To the substituted figures: Guilty.

To Charge II: Guilty.

To The Specification of Charge III: Guilty, except the words “Fort Drum”, substituting therefor the word “Brooklyn”.

To the excepted words: Not Guilty;

To the substituted word: Guilty.

To Charge III: 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.

Please note that you will use the Pleas-findings Tab 50 paragraph style for findings of two words or less for the charge(s) and/or specification(s) and Pleas – findings Tab 40 paragraph style for finding of three words or more for the charge(s) and/or specification(s).

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.

EXAMPLES:

1. SAMPLE FINDING OF GUILTY - ONE CHARGE AND ONE

SPECIFICATION.

a. Of The Specification of The Charge: Guilty.

Of The Charge: Guilty.

b. Of The Specification and The Charge: Guilty.

2. SAMPLE FINDING OF GUILTY - ONE CHARGE AND TWO

SPECIFICATIONS.

a. 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.

a. 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.

a. 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.

a. 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.

a. Of all Specifications and Charges: Guilty.

b. Of all Charges and their Specifications: 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.

a. Of Charges I and III and the Specifications thereunder: Guilty.

Of Charge II and The Specification 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.

Sentencing for offenses prior to 1 January 2019:

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 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. Do not separate the characterization of service from the word “discharge”.

Use the sentencing paragraph style for all sentences.

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

DO NOT CHANGE THE ORDER THAT THE SENTENCE IS READ.

MEMBERS EXAMPLE:

PRES: Specialist Phineus R. Quirk, 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.

MILITARY JUDGE EXAMPLE:

MJ: Specialist Phineus R. Quirk, this court-martial sentences you:

To be reduced to the grade of E1;

To forfeit all pay and allowances;

To be confined for 16 years; and To be discharged from the service with a dishonorable discharge.

Sentencing for offenses on/after to 1 January 2019:

After findings, but prior to presentencing, the accused must elect to be sentenced by members or military judge.

Sentencing by the members:

Members will determine a single sentence for all charges and specifications of which the accused was found guilty. The military judge will announce the sentence of the court.

Sentencing by the military judge:

The military judge may give a single sentence for all punishments, except confinement and fines.

The military judge will determine an appropriate term of confinement and fine, if applicable, for each specification for which the accused was found guilty.

For each term of confinement, the military judge shall state whether the term of confinement is to run concurrently or consecutively with any other term or terms of confinement.

The sentence is typed single-spaced in BLOCK FORMAT and bold print. Please note that each line of the sentence is indented 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. Do not separate the characterization of service from the word “discharge”.

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

DO NOT CHANGE THE ORDER THAT THE SENTENCE IS READ.

MEMBERS EXAMPLE:

MJ: Specialist Phineus R. Quirk, 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 bad-conduct discharge.

MILITARY JUDGE EXAMPLE:

MJ: Specialist Phineus R. Quirk, this court-martial sentences you:

To be reduced to the grade of E1;

To forfeit all pay and allowances;

To be confined as follows:

For Charge I and its Specification: 3 months;

For Charge II and its Specification: 5 months; and For Charge III and its Specification: 2 months;

All confinement will be served concurrently; and dishonorable 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:

[The court-martial adjourned at 0900, 1 February 20CY.]

G. RECORD OF TRIAL THICKNESS/VOLUME LABELING.

Do not sew or stack fasteners together in gangs to bind thick volumes. Volumes of the record will be bound at the top with metal or plastic fasteners. Top or left side binding is acceptable with sufficient adjustment to the top or left margin. Volumes shall be bound to withstand repeated handling, utilizing DD Form 490. Divide ROTs that are over 1.5 inches thick into separate volumes. Make the first volume of a multi-volume record an inch thick or smaller. This will allow for inclusion of the SJA recommendation, clemency matters, and other post-trial documents. Limit subsequent volumes to 1.5 inches thick, unless dividing them requires assembling an additional volume smaller than .5 inches thick. If the transcript is split into two or more volumes, indicate on the front cover which pages of the transcript are in which volume.

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.

Volume 1 of 4 Volume 2 of 4 Volume 3 of 4 Volume 4 of 4

H. SAID IN CONTEXT [sic].

This term, commonly known as “said in context,” is used when a party to the trial says something incorrectly. This is used in verbatim

ROT.

This term is not “said in context.” This SSE will not be used when something is said out of context or otherwise. “Sic” is actually a Latin adverb, meaning “thus,” or more completely, “sic erat scriptum,” meaning “thus it was written.” In literature, this is inserted immediately after a quoted word or passage, indicating that the quoted language has been transcribed exactly as found in the source text. However, for records of trial, this will be utilized when someone has said something that, if left in the transcript, it would seem like a mistake or omission or would change something significant that was not intended to be changed. However, if anything was wrongfully stated but was soon thereafter clarified in the record, placing a sic is not necessary.

For example, if counsel refers to the wrong exhibit number, if anyone states the wrong date, someone used the wrong name or rank to address someone.

As described above, you must still type what was said verbatim. In order to avoid confusion after the incorrect text, type [sic]. This indicates to the reader of the record that what precedes it is what was actually said; however, it is incorrect and not a clerical error.

If a party to the trial uses improper pronunciation and/or incorrect words or grammar, it is not necessary to place sic after the misspellings or misuse of grammar. Transcribe the testimony as spoken. It will be obvious to the reader that that the witness's speech pattern is simply incorrect. 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. 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.

EXAMPLES:

TC: Your Honor, the defense [sic] requests that the accused is sentenced to a dismissal.

MJ: Private [sic] Quirk, the maximum sentence in your case is reduction to the grade of E1…

DC: Your Honor, Private Hoshi -- excuse me, Specialist Hoshi testified that the accused was not there at the time of the offenses.

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

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

EXAMPLE:

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

26 November [sic] 1997.

If a party makes a mistake and then corrects themselves immediately, [sic] will not be used.

EXAMPLE:

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

VERBATIM COURT

REPORTING FORMAT

Judge Alone Guilty Plea

U.S. Army r

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

Fort Atterbury, Indiana, at 0945, 17 March 20CY, pursuant to the following order:

Court-Martial Convening Order Number 10, Headquarters, 54th Infantry

Division (Mechanized) and Fort Atterbury, Fort Atterbury, Indiana, dated 1 February 20CY.

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

DEPARTMENT OF THE ARMY

Headquarters, 54th Infantry Division (Mechanized) and Fort Atterbury

Fort Atterbury, Indiana 93933

COURT-MARTIAL CONVENING ORDER 1 February 20CY

NUMBER 10

A special court-martial is convened with the following members:

COL BALDWIN, Gregory, MI, 504th MI Bde COL BARNES, Tracy, CM, HHC, III Corps COL BLOCK, Gregory, GC, HHC, III Corps COL LEY, John, QM, HHC, III Corps COL RILEY, Sharon, AR, HHC, III Corps LTC SEXTON, Jeffrey, TC, HHC, III Corps LTC TAYLOR, Alex, SC, HHC, III Corps LTC TREMAGLIO, Ralph, AD, HHC, III Corps MAJ WATTS, Sean, AR, HHC, III Corps MAJ MULLINS, Shelly, MS, HHC, III Corps

In the event an accused requests that the membership of the court-martial include enlisted persons, the following members are detailed to the general court-martial convened by this order:

MEMBERS

CSM BOYER, Shannon, HHC, III Corps CSM DADE, Carolyn, 504th MI Bde SGM TRAGER, Damon, HHC, III Corps MSG NELSON, Barry, HHC, 89th MP Bde MSG KILBANE, James, HHC, 3rd Sig Bde

VICE

COL BARNES, Tracy, CM, HHC, III Corps COL LEY, John, QM, HHC, III Corps LTC SEXTON, Jeffrey, TC, HHC, III Corps LTC TAYLOR, Alex, SC, HHC, III Corps MAJ WATTS, Sean, AR, HHC, III Corps

Relieved only for trials in which an accused requests that the membership of the court-martial include enlisted person.

BY COMMAND OF MAJOR GENERAL HARRISON:

DISTRIBUTION: THOMAS LANDRY

Each indiv indic (1) COL, JA Cdr, 54th Inf Div (Mechanized) (SJA)(1) Staff Judge Advocate Record of Trial (1)

MJ: This Article 39(a) session is called to order. 1

TC: This court-martial is convened by Court-Martial Convening 2

Order Number 10, Headquarters, 54th Infantry Division (Mechanized) 3 and Fort Atterbury, Fort Atterbury, Indiana, dated 1 February 20CY, 4 copies of which have been furnished to the military judge, counsel, 5 and the accused and which will be inserted at this point in the 6 record. 7

The Charge has been properly referred to this court for 8 trial and was served on the accused on 12 April 20CY. 9

The 3-day statutory waiting period has expired. 10

The prosecution is ready to proceed with the arraignment in 11 the case of United States versus Specialist Phineus R. Quirk. 12

The accused and the following persons detailed to this 13 court are present: 14

COLONEL ALWAYS M. LEGAL, MILITARY JUDGE; 15

CAPTAIN PETER R. RYAN, TRIAL COUNSEL; and 16

CAPTAIN KENNETH C. HARTMAN, DEFENSE COUNSEL. 17

The members are absent. 18

STAFF SERGEANT DEBORAH SMITH has been detailed reporter for 19 this court and has previously been sworn. 20

I have been detailed to this court-martial by Colonel 21

Thomas Landry, Staff Judge Advocate, 54th Infantry Division 22

(Mechanized) and Fort Atterbury. I am qualified and certified under 23

Article 27(b) and sworn under Article 42(a), Uniform Code of Military 1

Justice. I have not acted in any manner that might tend to disqualify 2 me in this court-martial. 3

MJ: Specialist Quirk, you have the right to be represented by 4

Captain Hartman, your detailed military defense counsel. He is a 5 lawyer, certified by The Judge Advocate General as qualified to act 6 as your defense counsel, and he is a member of the Army’s Trial 7

Defense Service. His services are provided at no expense to you. 8

You also have the right to be represented by a military 9 counsel of your own selection, provided that the counsel you request 10 is reasonably available. If you were represented by military counsel 11 of your own selection, then your detailed defense counsel would 12 normally be excused. However, you could request that your detailed 13 counsel continue to represent you, but your request would not have to 14 be granted. 15

Do you understand that? 16

ACC: Yes, sir. 17

MJ: In addition to your military defense counsel, you have the 18 right to be represented by a civilian counsel at no expense to the 19 government. Civilian counsel may represent you along with your 20 military defense counsel, or you could excuse your military counsel 21 and be represented only by your civilian counsel. 22

Do you understand that? 23

ACC: Yes, sir. 1

MJ: Do you have any questions about your rights to counsel? 2

ACC: No, sir. 3

MJ: By whom do you wish to be represented? 4

ACC: Captain Hartman, sir. 5

MJ: And by him alone? 6

ACC: Yes, sir. 7

MJ: Defense Counsel, please announce your detailing and 8 qualifications. 9

DC: I have been detailed to this court-martial by Colonel Jane 10

Black, Senior Defense Counsel, Trial Defense Service Field Office, 11

Fort Atterbury, Indiana. I am qualified and certified under Article 12

27(b) and sworn under Article 42(a), Uniform Code of Military 13

Justice. I have not acted in any manner that might tend to disqualify 14 me in this court-martial. 15

[The civilian defense counsel was sworn.] 16

[The defense counsel was sworn.] 17

[The trial counsel was sworn.] 18

NOTE: The transcript stops at line 18 for readability of the guide;

there is no reason to separate the material on this page from the next page.

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

MJ: I have been properly certified and sworn, and detailed 1 myself to this court-martial. I am not aware of any matter that might 2 be a ground for challenge against me. Does either side desire to 3 question or challenge me? 4

TC: No, Your Honor. 5

DC: No, Your Honor. 6

MJ: Counsel for both sides appear to have the requisite 7 qualifications, and all personnel required to be sworn have been 8 sworn. 9

Trial counsel will announce the general nature of The 10

Charge. 11

TC: The general nature of The Charge in this case is one 12 specification of larceny, in violation of Article 121, UCMJ. The 13

Charge was preferred by Captain Robert L. McShane and forwarded with 14 recommendations as to disposition by Colonel John Wayne. 15

MJ: Specialist Quirk, you have a right to be tried by a court 16 consisting of four members. 17

You may request that the members of the court be comprised 18 entirely of officers, that is commissioned and/or warrant officers, 19 or of at least one-third enlisted members. If you do not make such a 20 request, then the court shall be comprised of members in accordance 21 with the convening order. 22

Do you understand what I have said so far? 23

ACC: Yes, Your Honor. 1

MJ: If you are tried by court members, the members will vote by 2 secret, written ballot and three-fourths of the members must agree 3 before you could be found guilty of any offense. 4

NOTE: If all specifications allege offenses committed prior to 1 January 2019, the following will be used:

If you are found guilty in a trial with members, you will 5 also be sentenced by the members. Three-fourths of the members must 6 agree in voting on a sentence. 7

NOTE: If all specifications allege offenses committed on or after to 1 January 2019, the following will be used:

If you are found guilty in a trial with members, you will 8 have the option of electing sentencing by the military judge alone or 9 sentencing by court members. If you elect to be sentenced by court 10 members, three-fourths of the members must agree in voting on a 11 sentence. If you do not elect to be sentenced by the members, then 12 the military judge will decide an appropriate sentence for you. 13

NOTE: If some specifications allege offenses committed prior to 1 January 2019 and some specifications allege offenses committed on or after 1 January 2019, the following will be used:

If you are found guilty in a trial with members, you will 14 also be sentenced by the members. Three-fourths of the members must 15 agree in voting on a sentence. However, if you elect to be sentenced 16 under the sentencing rules that became effective on 1 January 2019, 17 you will also have the option of electing sentencing by the military 18 judge. If you elect to be sentenced under these new sentencing rules, 1 and then elect to be sentenced by the military judge following 2 conviction of any offense, the military judge will decide an 3 appropriate sentence for you. 4

Alternatively, you may request to be tried by military 5 judge alone. If your request is approved, there will be no court 6 members. The military judge will decide whether you are guilty or not 7 guilty, and if found guilty, the military judge will determine your 8 sentence. 9

Do you understand the difference between trial before 10 members and trial before military judge alone? 11

ACC: Yes, Your Honor. 12

MJ: Do you understand the choices that you have? 13

ACC: Yes, Your Honor. 14

MJ: By what type of court do you wish to be tried? 15

ACC: By judge alone, Your Honor. 16

MJ: Is there a written request for trial by military judge 17 alone? 18

DC: There is, Your Honor [handing AE I to the military judge]. 19

MJ: Does the accused have a copy in front of him? 20

DC: Yes, Your Honor. 21

MJ: Specialist Quirk, Appellate Exhibit I is a request for 22 trial by military judge alone. 23

Is this your signature on this exhibit [holding up AE I]? 1

ACC: [Viewing AE I] It is, sir. 2

MJ: At the time you signed this request, did you know I would 3 be the military judge in your case? 4

ACC: Yes, sir. 5

MJ: Is your request a voluntary one? By that, I mean are you 6 making this request of your own free will? 7

ACC: Yes, sir. 8

MJ: If I approve your request for trial by me alone, you give 9 up your right to be tried by a court composed of members. 10

Do you understand that? 11

ACC: Yes, sir. 12

MJ: Do you still wish to be tried by me alone? 13

ACC: Yes, sir. 14

MJ: Your request is approved [signing AE I]. 15

The court is assembled. 16

NOTE: If some specifications allege offenses committed prior to 1 January 2019 and some specifications allege offenses committed on or after 1 January 2019, the accused will have to elect which sentencing rules they want for their case prior to arraignment. All other cases will not require a sentencing rules inquiry. Below is the sentencing rules inquiry:

MJ: Because you are charged with offenses allegedly occurring 17 both before 1 January 2019 and on or after 1 January 2019, the 18 applicable sentencing rules for this court-martial are the sentencing 19 rules in effect prior to 1 January 2019. If you are convicted of any 1 offense, no matter when the offense was committed, this court-martial 2 will apply the sentencing rules in effect prior to 1 January 2019. 3

However, you may elect to be sentenced under the sentencing 4 rules in effect as of 1 January 2019. If you make this election, and 5 are later convicted of any offense, no matter when the offense 6 occurred, you will be sentenced under the sentencing rules in effect 7 on 1 January 2019. You must make this election prior to arraignment. 8

Your election regarding the applicable sentencing rules is 9 irrevocable, unless I find good cause for a later request to withdraw 10 the election. 11

Have you discussed all of this with your defense counsel? 12

ACC: Yes, Your Honor. 13

MJ: Did your defense counsel fully explain the choices that you 14 have? 15

ACC: Yes, Your Honor. 16

MJ: Do you have any questions about your right to elect the 17 applicable sentencing rules? 18

ACC: No, Your Honor. 19

MJ: If you are convicted of any offense, under which sentencing 20 rules do you wish to be sentenced? 21

ACC: The sentencing rules in effect prior to 1 January 2019, 22

Your Honor. 23

MJ: The accused will now be arraigned. 1

TC: All parties to the trial have been furnished with a copy of 2

The Charge. 3

Does the accused want it…