Judge advocate
general

Field General of the Pendronia Royal ArmyGeneral Steven de Blood
Pendronia Judge Advocate General
Prepared by.
Major
Wyatt-James Taylor McIntyre
- These rules
apply to the trial of general and special courts-martial within the Pendronian
Royal Army in which the accused is a member of the said branch of the
Pendronian Armed Services. Counsel, as officers of the court, shall follow
these rules, unless doing so would deprive the client of effective
representation or would interfere with the exercise of an accused’s right to
due process. Reporters, clerks or court, bailiffs, chasers, and all others
involved with courtroom procedure will follow these rules where they apply.
- Any counsel,
military or civilian, who fails to comply with these rules, or orders of the
court may be required to explain his or her reasons for noncompliance on the
record, or in writing for inclusion in the record of trial as an appellate
exhibit.
- With regard to
noncompliance with these rules, or orders of the court, the military judge
may, as appropriate: issue an admonishment on the record, remedy the effect
of noncompliance through a court order or continuance, forward information
about the matter to a military counsel's commanding officer or
officer-in-charge, forward information about the matter to a civilian
counsel's bar, forward a complaint for processing, proceed with action for
"contempt", or fashion any other appropriate remedy.
- All military
counsel newly assigned to commands with this court shall report to the
Military Judge for a briefing on these rules prior to trying their first case
within the circuit.
- These rules are
intended to facilitate a just determination of military justice issues and to
enhance the orderly administration of military justice.
- Operating
within our adversarial system, the goal of a trial is the search for the
truth. To provide the best opportunity for justice to be done, a trial should
have an efficient presentation of evidence and arguments to the trier of fact
in a setting that promotes a sense of the importance of the outcome.
- Counsel for
both sides are expected to strive to conduct an exemplary trial. In an
exemplary trial, trial time is regarded as precious. The members are rarely
sent out for extensive arguments of counsel on points of law, as these are
thought out, presented to the court, and decided upon well ahead of the
arrival of the members. Counsel are able to frame their opening statements by
properly balancing fact and emotion. Direct examination educates the members
step-by-step about the essential facts and circumstances of the case.
Exhibits are handled expeditiously, and demonstrative evidence is planned and
prepared well in advance. Objections are ruled upon promptly without
excessive argument and are limited in numbers. Succeeding witnesses are
presented without the need for recesses. Cross examination by counsel is
focused and succinct and reflects that the counsel questioning the witness has
fully investigated the issues. Everyone has the sense that counsel know
exactly where they are going. Closing arguments stick to the evidence and do
not invite objection. Counsel are well prepared with request for rulings or
member’s instructions far in advance of closing arguments. Counsel do not vie
to have the last word.
- These rules
shall be constructed to ensure simplicity in procedure, fairness in
administration, and efficiency of operation, and the timely disposition of
courts-martial. They shall be interpreted so as to provide the maximum
adaptability to the conditions under which the Pendronian Royal Army must
provide their operational missions. Noncompliance with these rules will not
create a right in or remedy for either party to a court-martial, but adherence
to these rules will relate to the professionalism of the individuals
involved. Arbiters of these rules will be the military judges of the
Pendronian Royal Army
- If any rule
herein conflicts with case law, statute, any constitutional provision, or any
service regulation, then that rule shall have no effect.
Trial counsel shall provide to the detailed military judge
all information regarding any referred court-martial which is not moving to
trial with all deliberate speed.
- Trial counsel
shall provide Courts with a copy of referred charges and corresponding
convening orders as soon after receipt as possible.
- Defense counsel
will examine the personal data on the charge sheet, determine its accuracy,
and notify the trial counsel and the military judge of any necessary
corrections, additions or deletions.
- All changes to
the charge sheet shall be initialed and dated by the trial counsel or other
representative of the convening authority.
- If an accused
retains civilian counsel, detailed defense counsel shall furnish civilian
counsel with a copy of these rules and request he or she submit written notice
of representation as counsel of record for the accused, addressed to the
military judge with a copy to the convening authority. The notice must
contain the following: name of the accused, counsel's name, jurisdiction(s)
and all pertinent contact information .
- Once civilian
counsel notifies the military judge of representation, he or she may not
withdraw from such representation, after referral of charges, without the
permission of the military judge, whether or not the accused wishes to release
the counsel.
- Trial counsel
or defense counsel may initiate a Pretrial Information Report for each
referred case. This will include a copy of the referred charge sheet as
enclosure one, and a copy of the convening order for the court-martial as
enclosure two, if not previously provided. The first PTIR submitted on a
referred case shall also include proposed trial dates and filing deadlines.
With the PTIR, or subsequent PTIRs, trial counsel will include copies of the
relevant portions of any written military orders or directives alleged to have
been violated, attached as enclosure (3). The defense counsel may, but is not
required to, submit such proposed elements. Written motions are also required
to be submitted with the PTIR. After completing all applicable portions of
the report, trial counsel shall forward it to defense counsel and the military
judge, with a copy to trial counsel. If unusual or compelling circumstances
render it impracticable to use the PTIR, defense counsel should advise trial
counsel and the military judge--as soon as possible, but at least 24 hours
before trial-- of pleas and whether the accused intends to request trial by
military judge alone or by members.
- When a
docketing request is submitted, a completed PTIR must be submitted for each
case to be docketed. This requirement also applies to cases that have been
judicially docketed by a military judge at prior court-martial sessions,
scheduled through the use of a motion for docketing, as well as through
written continuance requests. Both counsel will sign the PTIR. However, if
for any reason, the defense counsel or trial counsel is not available when the
PTIR is due, the senior Senior Prosecutor of the Judge Advocate Generals
Office shall complete the PTIR, explain the absence of counsel, attach the
required documents, and submit the report with the docketing request. The
trial counsel should ordinarily prepare and submit the report to the defense
counsel prior to any expected absence, even if the case is not to be docketed
the next week. All anticipated motions, including multiplicity and illegal
restraint, must be listed on the PTIR. If the pleas are mixed, or by
exception and substitution, a detailed list of pleas shall be included in the
PTIR. This block shall also state if the Government will or will not contest
the offenses or the excepted language to which the accused pled not guilty.
Counsel signatures certify the accuracy of the information contained in the
PTIR.
3.
Either party may request an hearing of a referred special or
general court-martial for any reason, using the docketing procedures listed
below. Defense counsel or trial counsel may also request conferences at any
time and for any reason.
- In the proposed
trial dates and filing deadlines for a case, counsel shall establish a motions
filing deadline that is no less than 10 days in advance of the date requested
of the court martial to litigate motions. The deadline for filing response to
any motions in a case shall be no less than 5 days in advance of the session.
Exceptions to this rule require military judge approval.
- Counsel can
best estimate the length of proposed sessions or trial. However, ordinarily,
contested members cases should be docketed for at least three days. Those
estimates include a period for sentencing, should it become necessary. The
litigation of motions should ordinarily be scheduled for a session well in
advance of any session with court members. Counsel should request aession for
any motion for witness production sufficiently before trial to allow for the
presence of the witness on the docketed trial date. Counsel should request a
session well ahead of trial for any motions that the resolution of which may
adversely affect the docketed trial date.
- If, at the time
the docketing request is submitted, counsel are negotiating, but have not yet
concluded, a pretrial agreement, then an session should be requested with a
notation on the PTIR that a pretrial agreement is anticipated. The case
should not be docketed as a contested, members case. Proposed pleas will be
detailed on the PTIR. Pretrial consultation with the military judge in
conference is encouraged. If pleas will be by exceptions and substitutions,
the exact language of such pleas shall be included in enclosure 3 of the PTIR.
- Charges not
referred to courts-martial and cases without PTIRs with all of the required
enclosures will not be docketed without good cause and approval by the Judge.
- Cases that were
not included in the docketing request will be added to the court docket only
for good cause approved by the Judge. These so-called "walk-ins" or
"walk-ons" are strongly discouraged. Such requests will not be approved when
the sole purpose is to arraign an accused and establish trial dates and filing
deadlines for a case not involving pretrial confinement or speedy trial
concerns. Trial and/or defense counsel promises to convening or other
authorities that cases will be tried immediately (as an inducement for
pretrial agreements) will not constitute good cause for a "walk-in."
- At the earliest
opportunity, trial or defense counsel must notify the military judge of any
changes to the PTIR (including withdrawal of, or amendments to charges, new
motions, forum change, change in pleas, etc.) and requests to change the time,
date, or location of the trial.
- The trial
deadlines established at an arraignment are not optional. Counsel will adhere
to the deadlines and may be called upon to address, on the record, any failure
to abide by them. A counsel who fails to meet deadlines, not only tarnishes
his or her own reputation with the court, but also unfairly impacts opposing
counsel’s ability to properly prepare for a case (i.e. to respond to a motion
etc), which in turn can lead to unnecessary delays in a case.
- Counsel shall
submit matters in accordance with the court-established deadlines. These
matters include witness lists, exhibit lists, proposed voir dire questions,
requests for instructions etc. Notice of pleas and forum shall be submitted
in accordance with attachment (5). Counsel who fail to submit matters in a
timely manner, may in the discretion of the military judge, forfeit the
opportunity to conduct general voir dire of the members.
- Ex parte
communications with a military judge concerning a case that is pending before
that military judge is prohibited, except for routine administrative matters
and as otherwise provided by law.
- Routine
administrative matters include docketing and logistical matters, including but
not limited to pleas, forum, and number of or difficulty with witnesses that
affect the time, location, and length of court sessions.
- The prohibition
against ex parte communications extends to electronic mail. Counsel shall
include opposing counsel as a “copy” addressee on all electronic mail sent to
a military judge about case related matters, regardless of whether it is
merely administrative in nature.
- When
appropriate, military judges will conduct critiques or offer suggestions
regarding counsel performance in courts-martial to improve the administration
of justice. These sessions shall be conducted with both the trial and defense
counsel present, or in group sessions.
- Counsel shall
promptly comply with military law regarding discovery. Counsel shall not make
a frivolous discovery request or fail to make a diligent effort to comply with
a legal and proper discovery request by an opposing party. Gamesmanship in
the discovery process will not be tolerated.
- Notwithstanding
"open discovery" in the military, discovery requests should be as specific as
possible to avoid misunderstandings and to assist in obtaining the desired
information in a timely fashion to avoid delaying trial.
- As early as
possible, counsel will advise the military judge and opposing counsel of the
general nature of any motions, along with applicable citations. This can be
accomplished using the PTIR. When use of a PTIR is not practicable, a
conference by e-mail may be used for this purpose.
- Motions shall
be submitted in accordance with the trial deadlines established by the
military judge at the arraignment or as set out in an approved motion for
docketing. bsent relief for good cause, the filing date for motions upon the
court and opposing counsel shall be no later than 10 days prior to the
scheduled motion hearing date, and responses to any filed motions are due to
the court and opposing counsel no later than 5 days before the motion hearing
date. If no such deadlines have been previously established in a case,
counsel shall submit motions in advance of trial to permit the opposing side
to answer. Unless waived by the military judge, all motions and responses
must be filed in proper format.
- Motions and
other documents will be filed with the court and served on opposing counsel.
Transmitting counsel will ensure that such documents are actually received.
All motions must show service on opposing counsel. Counsel may send courtesy
copies of submissions, however, such transmissions are not an acceptable
substitute for the service requirements mandated above nor do they satisfy the
trial deadlines established by the court.
- A copy of the
pertinent portions of such reference will accompany motions or responses
citing statutes, regulations, or cases other than those found in Court-Martial
Reports or the Military Justice Reporters. It is the responsibility of
counsel to ensure prompt delivery of all motions and/or responses as well as
all supporting documents by the appropriate filing date and to confirm receipt
by the judiciary.
- Litigation of
motions will involve presentation of legal and competent evidence; i.e.,
testimony, documentary evidence, stipulations, etc. Facts must be established
upon which the military judge may make essential findings. Ordinarily, mere
averments of counsel or statements of fact contained in motions are NOT
sufficient to establish facts.
- If a case is
withdrawn, a certification of withdrawal will be filed with the Clerks of
Court.
Continuance
requests shall be by written motion outside of court. The motion shall state
the specific reason for the request and the earliest possible trial date.
Counsel must be prepared to fully justify each request for continuance. If the
accused is in pretrial confinement, defense requests for continuances need not
be signed by the accused. However, signature by the accused is encouraged and
is good practice.
The military judge
shall designate the situs of the trial.
- The presiding
military judge may prescribe rules in any given case to establish courtroom
security as deemed necessary.
- The military
judge shall designate the proper uniform and civilian attire to be worn by all
persons required to be present at trial.
- The accused
shall wear the insignia of grade and may wear any decorations, emblems, or
ribbons to which entitled. The accused and defense counsel are responsible
for ensuring that the accused is properly attired; however, upon request, the
accused's commander shall render such assistance as may be necessary to ensure
that this task is accomplished.
- The military
judge is responsible for the control of court-martial spectators.
- Spectators are
encouraged to attend any sessions of the court-martial, unless otherwise
determined by the military judge.
- The trial
counsel should encourage the attendance of the public, including personnel
from the unit.
- Counsel shall
ensure that the military judge is advised if there is a likelihood that any
spectator is to be called as a witness.
- Spectators may
enter or leave the court while the court-martial is in session, so long as
their activity is not disruptive to the proceedings.
- It is improper
for a spectator to demonstrate agreement or disagreement with testimony or
other procedures at a trial. Spectators who violate this rule may be excluded
from the courtroom or, in aggravated cases, held in contempt. Counsel are
responsible for advising their clients, their witnesses, and friends of the
accused and counsel, of the demeanor expected of them.
- Counsel shall
refrain from conferring with spectators or other non-participants while the
court is in session.
- The military
judge shall be notified promptly of any delays and the reasons therefore. All
parties are expected to be punctual for all matters involved in the trial of a
case.
- Generally,
trial counsel is responsible for ensuring the timely presence of an accused
who is in pretrial confinement or other restraint.
- If practicable,
a bailiff shall be present at every contested court-martial. Trial counsel
shall ensure the bailiff is thoroughly briefed as to the bailiff's
responsibilities.
- Bailiffs shall
be present for all members trials, and must be senior to the accused, unless
the military judge dictates otherwise. A bailiff is encouraged for military
judge alone trials.
When appropriate,
a guard or guards shall be detailed to ensure proper custody of the accused and
to assist the court in preserving order and decorum.
- Trial counsel
shall verify that the court reporter has been previously sworn. Reporters who
have not been previously sworn shall notify trial counsel.
- Each time the
court convenes or reconvenes, the reporter shall note in the record the
presence or absence of the parties and the time at which the court convenes or
reconvenes. The court reporter shall also note the time at which recesses are
taken and the time of adjournment.
- Court reporters
shall ensure that the name and rank of all military parties to the trial and
the name of civilian counsel are properly noted in the record of trial.
- The trial
counsel is responsible for keeping the court reporter section apprised of the
status of all docketed cases, to include but not limited to: all anticipated
delays; continuances; withdrawal of charges; changes in the anticipated pleas
and forum; and the need for court reporter support in unscheduled hearings.
All persons in the
courtroom, except the court reporter, without regard to rank or grade, shall
rise when the military judge enters or leaves the courtroom.
- Counsel should
coordinate with all parties and the military judge to avoid unnecessary "down
time" for the members.
- In all cases
involving court members, the trial counsel shall obtain direction from the
military judge as to when the members should arrive for trial. With advance
permission of the military judge, some or all of the members may be on a
standby call status.
All persons, other
than the military judge and court reporter, shall rise when the members enter
and leave the courtroom.
- The military
judge determines the procedure for conducting voir dire.
- Prior to voir
dire, both counsel will provide the military judge with a written list of the
full name and unit of all witnesses. The list shall also include witnesses
whose testimony will be presented by stipulation.
- Unless directed
otherwise by the military judge, all proposed voir dire questions, either to
be asked en banc or individually, will be submitted in writing on the date
designated by the military judge, or in the absence of such date, by
assembly. Copies of proposed voir dire questions shall be served on opposing
counsel. Upon specific request, the military judge may permit counsel to ask
additional questions.
- During voir
dire, counsel shall not: (1) argue the case; (2) engage in efforts to
indoctrinate, visit with, or establish "rapport" with members; (3) question
members concerning anticipated instructions or theories of law, or members'
"understanding" of various legal principles yet to be explained to them; (4)
ask members what kind of findings or sentence they might return under a
hypothetical set of facts; or (5) seek a pre-commitment from a member to a
factual or legal proposition that is in issue.
- The military
judge will conduct the initial voir dire of the members. Counsel will then be
permitted to ask the approved questions not previously asked by the military
judge. All questions must be relevant to determining the qualifications of
the members to sit on the court-martial. Where necessary and in the
discretion of the military judge, counsel will be permitted to question the
members individually.
- All challenges,
whether peremptory or for cause, shall be addressed to the military judge at
an session.
- Counsel shall
confine their opening statements to what they expect the issues in the case
will be and the evidence will show. Counsel will not use the opening
statement to argue the case or to instruct as to the law.
- Only one
counsel per side may make opening statements.
- Counsel may use
visual aids such as charts, graphs, maps, photographs, models, or other
graphic devices, but permission from the military judge for such use is
necessary unless the visual aid has, outside the presence of the members,
already been admitted into evidence. Counsel must allow opposing counsel to
view any such materials for possible objection prior to the delivery of the
argument.
- Counsel's
decorum in the courtroom shall be such as to provide a judicial atmosphere
within a military setting.
- Counsel shall
refrain from undue familiarity between themselves or in relationship to the
members, military judge, or witnesses while court is in session and when
otherwise in the presence of the accused.
- Counsel should
direct all argument and responsive statements to the military judge or
members, as applicable, while the court is in session and shall avoid colloquy
or argument towards the other party, except for perfunctory matters of
courtesy.
- Counsel shall
stand when addressing the military judge or members and when examining a
witness, unless otherwise authorized by the military judge.
- During sessions
of the court, no counsel will leave the courtroom without permission of the
military judge.
- When one
counsel is addressing the court or examining a witness, the opposing counsel
shall remain seated at the counsel table, unless standing to make an
objection.
- Unless
specifically authorized by the military judge, only one counsel per side may
question a witness, address the court on a motion or issue, or make opening
statement or closing argument.
- Counsel shall
not, during trial, state or allude to any matter that counsel has no
reasonable basis to believe is relevant to the case or that will not be
supported by admissible evidence.
- Counsel shall
not, during trial, assert any personal knowledge of the facts in issue, except
when testifying as a witness.
- Counsel shall
not, during trial, assert any personal opinion as to the justness of a cause,
the credibility of a witness, or the guilt or innocence of an accused; but
counsel may argue, based on analysis of the evidence, for any position or
conclusion with respect the matter stated therein.
- Counsel shall
not intentionally or habitually violate any established rule of military
procedure or military evidence or these rules.
- Counsel shall
not knowingly disobey a standing order or the ruling of a court-martial, but
may take appropriate good faith action to test the validity of such rule or
ruling.
- Each time the
court convenes or reconvenes, the trial counsel shall ensure that the military
judge has announced on the record the presence or absence of the parties
(e.g., "All parties to the trial who were present when the court
closed/recessed are again present (except the members)."). If any party is
absent, the military judge shall be advised.
- Counsel shall
follow along in the trial guide to ensure that the military judge makes no
unintentional omissions. Should counsel believe that a military judge has
made such an omission, he or she is encouraged to bring it to the judge’s
attention immediately upon its discovery.
- Trial counsel
shall swear each witness called to testify and shall ensure that the military
witness' name, grade, and military organization, or civilian witness' name are
announced in court and made part of the record of trial.
- The Oath taken
by Witnesses shall be: Do you solemnly affirm that the testimony you are to
give is the truth, whole, truth and nothing but the truth? The witness shall
respond by stating: I do.
- The court will
cooperate with witnesses whose absence from duty or job is especially
disruptive to mission accomplishment or essential services, so long as a fair,
expeditious trial is not sacrificed. Counsel shall notify the military judge
when such witnesses are to be called so that appropriate coordination may be
accomplished.
- Witnesses shall
be instructed by counsel that, when testifying, they must not use slang
expressions or profanity, except as may be required in the presentation of the
case. Witnesses shall be told not to engage court members or the military
judge in casual conversation.
- While
questioning the witness in trial, counsel should not direct the witness to
speak directly toward the military judge or any other person in the
courtroom. If necessary, the military judge may instruct a distracted or
uncooperative witness as necessary.
- Witnesses shall
be treated with respect by counsel. They must not be humiliated, or otherwise
abused.
- Counsel shall
ensure that their respective witnesses will be immediately available when
called to testify. The fact that the government has agreed to or has been
ordered to produce a witness on behalf of the defense, does not relieve the
defense counsel of requirements for defense witnesses. Counsel should
coordinate with each other and the military judge to reduce, whenever
practicable, the amount of time a witness is required to wait prior to
testifying.
- Military
witnesses do not salute the military judge, president of the court, or the
members.
- Counsel
initially shall state only the nature and basis of an objection, without
further elaboration.
- Counsel shall
not present argument on an objection without the permission of the military
judge.
- Argument on
objections shall be direct and succinct. Citation of specific authority is
desired.
- An objection or
argument for the purpose of making a speech, recapitulating testimony, or
attempting to guide a witness, is prohibited.
- After the
military judge rules on an objection, counsel may only make comment or further
argument with the express permission of the military judge.
- If a motion, or
any other issue, involves only a dispute between the parties as to the law or
any ultimate question of fact, and does not involve the underlying facts,
counsel should endeavor to enter into, and prepare, prior to trial,
stipulations of fact or of testimony covering those matters.
- Stipulations
may be made for the limited purpose of obtaining a ruling on a motion or other
pleading.
- Written
stipulations of fact shall be marked as a trial exhibit and, in a members
trial, presented to the members. Written stipulations of expected testimony
shall be marked as an appellate exhibit and, in a members trial, presented to
members.
When offers of
proof are expected to be presented on motions or objections, counsel should
inform opposing counsel and endeavor to reach agreement on the content of the
offer of proof before presentation.
- Counsel will
advise the military judge and opposing counsel as soon as possible, preferably
before trial, of any intended requests for judicial notice.
- Prior to trial,
the trial counsel shall have marked, as appellate exhibits in guilty plea
cases or as prosecution exhibits in contested cases, readable copies of all
statutes alleged to have been violated. Trial counsel will also provide
advance copies to the defense counsel and to the military judge.
- Prosecution
exhibits will be numbered consecutively with Arabic numerals, and defense
exhibits will be identified by capital letters.
- Prosecution
exhibits intended to be introduced at trial should be marked consecutively:
"Prosecution Exhibit 1 for identification," etc., or with a suitable
abbreviation.
- Defense
exhibits intended to be introduced at trial should be marked consecutively: "Defense
Exhibit A for identification," etc., or with a suitable abbreviation.
- In formulating
questions to witnesses concerning an exhibit, counsel will refer to the
exhibit by its exhibit number or letter.
- If an exhibit
is not compatible for inclusion in the record of trial, proffering counsel
should prepare a substitution before trial and shall ask the court's
permission to make the substitution at the first point the exhibit for
identification is brought to the court's attention. Such substitution for an
item of real evidence shall include an accurate and detailed description,
either pictorially or in writing, stating the exhibit's size, shape, weight,
substance, color, serial number, model, brand name, and any other physical or
identifying characteristic.
- Exhibits shall
be marked by the court reporter, not the counsel, in the anticipated order of
presentation before the time trial is scheduled to commence or during
recesses.
- The proponent
of documentary or photographic evidence should normally arrange to have a copy
of the original exhibit on the date of trial for each member of the court as
well as a copy for the military judge.
Appellate exhibits
will be numbered consecutively with Roman numerals at the direction of the
military judge.
- Trial counsel
should make appropriate recommendations as to specific routine instructions
that the military judge should provide to the members in order to ensure that
no required instructions are inadvertently omitted.
- If counsel
desire that the members be given special instructions, modifications of
standard instructions, or a summarization of the evidence, such proposals
shall be submitted to the military judge and opposing counsel in a timely
manner.
- Arguments
should be limited to matters in evidence and all inferences fairly and
reasonably to be drawn from the evidence, together with reference to matters
of common and everyday knowledge. Counsel shall not assert a personal belief
in the justice of his or her cause or in the guilt or innocence of the
accused, nor may counsel personally vouch for the credibility or lack of
credibility of witnesses.
- Only one
counsel may argue for each side. The military judge may limit the trial
counsel to one argument on the merits in judge alone cases. If so, the trial
counsel may elect whether to argue first or last.
Unsworn statements
will not be made from the witness stand. They will be made from the counsel
table or by standing before the court.
- A complete and
accurate record of the proceedings is needed to protect the rights of all
parties. During the course of the trial, counsel shall ensure that uncommon
names, places, and things are spelled out on the record, and that descriptions
of size, distance, and location are clear and unambiguous.
- At the
conclusion of the trial, defense counsel will indicate whether civilian
counsel or military counsel will examine the record, who will respond to the
staff judge advocate's recommendations, and who will represent the accused in
post-trial matters. The accused may include such decisions in the written
acknowledgement of appellate rights.
- Whenever
practicable, trial counsel shall read the record of trial before it is
submitted to the military judge for authentication and ensure that the court
reporter makes any necessary corrections.
- The defense
counsel shall be permitted to review the record of trial prior to it being
submitted to the military judge for authentication. The review by defense
counsel, or lack thereof, must be documented in the record before the military
judge will authenticate the record.
All documents filed with the court shall be double spaced in
a 12-point font.
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