Page 277 - Trump Executive Orders 2017-2021

9980 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

Rule 812. Joint and common trials
In joint trials and in common trials, each accused shall be accorded the rights and privileges as
if tried separately.

Rule 813. Announcing personnel of the court-martial and the accused
(a) Opening sessions. When the court-martial is called to order for the first time in a case, the
military judge shall ensure that the following is announced:
(1) The order, including any amendment, by which the court is convened;
(2) The name, rank, and unit or address of the accused;
(3) The name and rank of the military judge presiding;
(4) The names and ranks of the members, if any, who are present;
(5) The names and ranks of members who are absent, if presence of members is required;
(6) The names and ranks (if any) of counsel who are present;
(7) The names and ranks (if any) of counsel who are absent; and
(8) The name and rank (if any) of any detailed court reporter.
(b) Later proceedings. When the court-martial is called to order after a recess or adjournment or
after it has been closed for any reason, the military judge shall ensure that the record reflects
whether all parties and members who were present at the time of the adjournment or recess, or at
the time the court-martial closed, are present.
(c) Additions, replacement, and absences of personnel. Whenever there is a replacement of the
military judge, any member, or counsel, either through the appearance of new personnel or
personnel previously absent or through the absence of personnel previously present, the
military judge shall ensure the record reflects the change and the reason for it.

Rule 901. Opening session
(a) Call to order. A court-martial is in session when the military judge so declares.
(b) Announcement <?fparlies. After the court-martial is called to order, the presence or absence of
the parties, military judge, and members shall be announced.
(c) S1vearing reporter and interpreter. After the personnel have been accounted for as required in
subsection (b) of this rule, trial counsel shall announce whether the reporter and interpreter, if
any is present, have been properly sworn. If not sworn, the reporter and interpreter, if any, shall
be sworn.
(d) Counsel.
(1) Trial counsel. Trial counsel shall announce the legal qualifications and status as to oaths
of the members of the prosecution and whether any member of the prosecution has acted in any
manner which might tend to disqualify that counsel.
(2) Defense counsel.
(A) in general. The detailed defense counsel shall announce the legal qualifications and
status as to oaths of the detailed members of the defense and whether any member of the
defense has acted in any manner that might tend to disqualify that counsel. Any defense
counsel not detailed shall state that counsel's legal qualifications and whether that counsel has
acted in any manner that might tend to disqualify the counsel.
(B) Capital cases. A defense counsel who has been detailed to a capital case as a counsel
learned in the law applicable to such cases shall, in addition to the requirements of
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subparagraph (A), state such qualifications and assignment.

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