PERFORMANCE WORK STATEMENT.docx

PERFORMANCE WORK STATEMENT (PWS)

COURT REPORTING TRANSCRIPTION SERVICES USAG

FORT RILEY, KS

1. GENERAL. This is a non-personnel services contract to provide court reporter transcription services in support of legal proceedings relating to cases with the United States Army Garrison (USAG). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1. BACKGROUND. USAG is responsible for covering court reporter transcription services for cases relating to Equal Employment Opportunity (EEO) necessitate commercial transcription of records of EEOC hearings for formal investigations because government resources are insufficient to transcribe the cases in order to meet post-hearing processing timelines prescribed by Army Regulations. In order to effectively prosecute these complaints, the use of specialized trained court reporters is critical to effectively and ultimately allow the hearing case process to be adequately represented to all interested parties. As a result of these requirements and the regulations governing EEOC hearing procedures, USAG, Fort Riley must contract for transcription services to transcribe court proceedings in accordance with the timelines and standards set forth in EEOC hearing processes, in support of the Office of the Staff Judge Advocate.

1.2. SCOPE OF WORK. The Contractor shall provide qualified personnel, services, materials, equipment, supplies and facilities necessary to perform transcription services for all court cases and other legal proceedings transcription services including transcribing verbatim and summarized records of trial when such records are required. Contractor must be a certified and experienced court reporter knowledgeable in legal procedures and rules as defined in 4.1.1.

1.2.1. The Contractor shall comply with all applicable laws, rules and regulations, including but not limited to those included in Section 6 of the PWS.

1.3. SECURITY REQUIREMENTS. The Contractor shall be responsible for the security of all information.

1.4. Neither the Contractor nor any of its contract service providers shall disclose or cause to disseminate any information concerning operations of military activities. Such action(s) could result in violation of the contract and possible legal actions.

1.4.1. All inquiries, comments or complaints arising from any matter observed, experienced, or learned of as a result of or in connection with the performance of this contract, the resolution of which may require the dissemination of official information, shall be directed to the contracting officer representative (COR) and the contracting officer.

1.4.2. The Contractor shall only conduct business with designated government personnel listed as points of contact (POCs). Names of authorized personnel shall be provided to the Contractor by the government, in writing, and updated as necessary throughout the contract period.

1.4.3. U.S. Government records, copies of original results and reports, verified original data, corrected data, and corrected supporting final reports are maintained by the Contractor, but remain the property of the U.S. Government. These files/results must be surrendered to the COR.

1.4.4. IDENTIFICATION OF PRIVACY ACT. This contract requires the development of a system of records in accordance with the Privacy Act of 1974. All information provided by the U.S. Government to the Contractors is sensitive in nature and shall be used For Official Use Only (FOUO).

1.5. PERFORMANCE QUALITY. The Contractor shall establish and maintain a complete Quality Control Plan that shall ensure the requirements of the contract are provided as specified in Section 5 of the PWS. Within thirty calendar days after contract award, three copies of a comprehensive written QCP shall be submitted to the COR and within 5 working days when changes are made thereafter.

1.5.1. HOURS OF OPERATION: The Contractor is responsible for being able to be reached by email or telephonically between the hours of 0700-1700 Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring, the Contractor shall keep in mind that stability and continuity of the workforce are essential.

1.6. PHASE IN /PHASE OUT PERIOD. N/A.

2. DEFINITIONS AND ACRONYMS.

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. The term as used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. PHYSICAL SECURITY. Actions that prevent the loss or damage of government property.

2.1.5. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.6. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.7. SUBCONTRACTOR. One that enters into a subcontract and assumes some of the obligations of the primary Contractor.

2.1.8. WORKDAY. The number of hours per day the Contractor provides services.

2.1.9. WORK WEEK. Is defined as Monday through Sunday (dependent on workload and mobilization requirements).

2.2. ACRONYMS. List all acronyms used in the PWS and what they represent.

ACOR Alternate Contracting Officer's Representative AR Army Regulation CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial Off the Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DMDC Defense Manpower Data Center DOD Department of Defense EEOC Equal Employment Opportunity Commission HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer (the only person that can obligate the government and approve modifications to the contract) OCONUS Outside Continental United States (includes Alaska and Hawaii) PIPO Phase In/Phase Out POC Point of Contact PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit 4 USAG United States Garrison

3. MATERIALS. All materials will be provided by the vendor.

3.1. FACILITIES. N/A

3.2. GOVERNMENT SERVICES. N/A

3.3. GOVERNMENT QUALITY ASSURANCE (QA). The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

3.3.1. Contractor agrees to provide work as identified in Technical Exhibits 1-2. This plan is primarily focused on ensuring the quality of the transcription is acceptable and to determine what the contractor and the government must do to ensure contractor performs in accordance with the performance standards set in this PWS.

3.4. KEY PERSONNEL. The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 0700-1700, Monday thru Friday except Federal holidays or when the Government facility is closed for administrative reasons.

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES: The contractor shall furnish all supplies, equipment, software, hardware, facilities and services, in order to perform and fulfill all requirements under this contract, that are not listed under Part 3 of this PWS.

4.1. Contractor agrees to also provide all transcription records in a digital Microsoft Word compatible format via e-mail utilizing the e-mail addresses listed in technical exhibit 2.

4.1.1. As indicated in individual calls, all transcription will be in accordance with formatting standard as prescribed the standards for transcription as outlined in AR 27-10, chapter 25, unless otherwise altered by a judge or administrative judge. The digital transcription records will be delivered to the government via regular mail on a compact disc. The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under section 3 of this statement.

4.2. PERSONNEL QUALIFICATIONS. An outline of qualifications for the Contractor staff is as follows: The Contractor is responsible for ensuring all employees possess and maintain current standards in accordance with standard formatting and standards set by AR 27-10. All Contractor staff that provide transcription services must have a certificate from the previously listed school. Reporters must have knowledge of US Army acronyms and terminology.

4.2.1 Qualifications for all key personnel are listed below: The Contractor is responsible for ensuring all employees possess and maintain current standards in accordance with the standard listed in 4.2. The Government has the right to request proof of experience and qualifications at any time during the contract agreement.

4.2.2. IDENTIFICATION OF CONTRACTOR EMPLOYEES. All contract personnel attending meetings and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

4.2.3. MATERIALS. The Contractor shall provide electronic files of completed transcriptions in accordance with the established standards listed above within the Statement of Work along with all necessary materials required to deliver the transcription records to the government as described and in accordance with the PWS. The Contractor shall also furnish materials, supplies, and equipment necessary to meet the requirements for the provision of services established under the terms of this contract.

4.2.4. PLACE OF PERFORMANCE. The work to be performed under this contract will be performed at the commercial transcriber’s personal or professional place of business or in court.

4.2.5. DATA RIGHTS. Contractor agrees that all digital recordings, transcripts, and work product provided to the contractor and created in the course of business under the requirements of this contract belongs to the US Government and are not to be publicly disclosed. All material provided by the government and or created as result of the requirements under this contract must be treated as sensitive and must be handled accordingly.

5. DESCRIPTION OF WORK. The Contractor shall provide reporter services for transcription of court proceedings, to include, but not limited to general and special courts regarding EEO complaints. Contractor agrees to provide transcripts in accordance with the standard formatting set AR 27-10

5.1. Contractor agrees to a specified turn-around time for transcription assistance; i.e., a specified number of pages to be provided in accordance with Technical Exhibit 2. Further, the Contractor agrees to present for inspection approximately 25 electronic pages via e-mail of his/her initial work before continuing with the remainder, with a provision that both parties must agree upon the quality/standard of work before proceeding with the remainder.

5.1.1. Contractor should be paid after each successful transcription is completed and accepted by the Government– i.e. partial payments. Payment should be made as described on terms and conditions. All transcripts will be transcribed in either Times New Roman or Ariel, size 12 Font unless otherwise requested by the Administrative Judge. Verbatim cases will be double spaced and should be 23 lines per page. Summarized records are single spaced so the lines per page will vary. The Government will also send notes, witness lists, exhibit logs, and any other documents needed to make transcript more efficient in hardcopy. If required, audio files will be in a.trm format which is the type of file created by FTR Gold software. All required computer software and hardware must be provided by the contractor.

5.1.2. The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the contracting officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

5.2. The Contractor shall provide all personnel, equipment, supplies, software, hardware, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform court-proceeding transcription services as defined in this Performance Work Statement except for those items specified as Government furnished property and services. The Contractor shall perform to the standards in this contract. The contractor shall provide court reporter transcription of hearing proceedings for USAG, Fort Riley, Kansas, to include, but not limited to hearings, general and special courts.

5.2.1. Contractor agrees to provide transcripts in accordance with the standard formatting set by the standards for transcription as outlined in Army Regulation 27-10, chapter 25.

5.2.3. Contractor also agrees to provide a digital version of all transcriptions in a format that is compatible with Microsoft Word and that follows all requirements set forth in this PWS. Government and contractor must agree upon the quality and standards of the transcription records prior to completing the provided digital audio recordings.

5.2.4. Contractor agrees to provide a transcription record that contains less than one (1) errata page per every 100 pages of transcript. The contractor shall perform to the standards in this contract.

5.3. RESERVED

6. APPLICABLE REGULATIONS AND MANUALS. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures provided including Army Regulation 27-10, and the attached guides provided by the Judge Advocate General’s Legal Center and School. (Current Editions).

6.1. Army Regulation 600-15, 09 NOV 1999

7. Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

7.2. Attachment 2/Technical Exhibit 2 – Deliverables Schedule

7.3. Attachment 4/Technical Exhibit 3 – Army Court Reporter Manual

7.4. Attachment 5/Technical Exhibit 4 – Summarized Court Reporting Format

TECHNICAL EXHIBIT 1

Performance Requirements Summary

The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

“Zero deviation from standard”) Method of Surveillance

PRS # 1

The Contractor shall provide court reporter transcription services for Irwin Army Community Hospital, Fort Riley, Kansas.

transcript.

Direct surveillance and review performed by the Government.

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable

Frequency # of Copies

Medium/Format

Submit To

Records that are 16-30 hours on the record Delivered in 15 calendar days or less

electronic file Transmitted via e-mail to the following e-mail addresses: Cheryl.l.greathouse2.civ@army.mil & selvena.b.carter.civ@army.mil

calendar days after award

Threat Awareness Reporting Program (TARP)

NLT 30

calendar days after award

calendar days after award

the following e-mail addresses: Cheryl.l.greathouse2.civ@army.mil & selvena.b.carter.civ@army.mil

award

electronic file Transmitted via e-mail to the following e-mail addresses: Cheryl.l.greathouse2.civ@army.mil & selvena.b.carter.civ@army.mil

TECHNICAL EXHIBIT 3 & 4

MANUAL COURT REPORTER & REPORTING FORMAT

TECHNICAL EXHIBIT 5

BPA CALL REQUEST FORM

TECHNICAL EXHIBIT 6

BPA CALL REGISTER

image1.emf

2022 Army Court Reporter Manual.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.

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.

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. 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.

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.]

[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;

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;

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…