Page 328 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10031

under 37 U.S.C. 401.

Rule 1104. Post-trial motions and proceedings
(a) Post-trial Article 39(a) sessions.
(1) In general. Upon motion of either party or sua sponte, the military judge may direct a
post-trial Article 39(a) session at any time before the entry of judgment under R.C.M. 1111
and, when necessary, after a case has been returned to the military judge by a higher court.
Counsel for the accused shall be present in accordance with R.C.M. 804 and R.C.M. 805.
(2) Purpose. The purpose of post-trial Article 39(a) sessions is to inquire into, and, when
appropriate, to resolve any matter that arises after trial that substantially affects the legal
sufficiency of any findings of guilty or the sentence.
(3) Scope. A military judge at a post-trial Article 39(a) session may reconsider any trial
ruling that substantially affects the legal sufficiency of any findings of guilty or the sentence.
Prior to entering such a finding or findings, the military judge shall give each party an
opportunity to be heard on the matter in a post-trial Article 39(a) session. The military judge
may sua sponte, at any time prior to the entry of judgment, take one or both of the following
actions:
(i) enter a finding of not guilty of one or more offenses charged; or
(ii) enter a finding of not guilty of a part of a specification as long as a lesser offense
charged is alleged in the remaining portion of the specification.
(b) Post-trial motions.
(1) lvfatters. Post-trial motions may be filed by either pmiy or when directed by the
military judge to address such matters as-
( A) An allegation of error in the acceptance of a plea of guilty;
(B) A motion to set aside one or more findings because the evidence is legally
insufli ci ent;
(C) A motion to correct a computational, technical, or other clear error in the sentence;
(D) An allegation of error in the Statement of Trial Results;
(E) An allegation of error in the post-trial processing of the court-martial; and
(F) An allegation of error in the convening authority's action under R.C.M. 1109 or 1110.
(2) Timing.
(A) Except as provided in subparagraphs (B) and (C), post-trial motions shall be filed not
later than 14 days after defense counsel receives the Statement of Trial Results. The military
judge may extend the time to submit such matters by not more than an additional 30 days for
good cause.
(B) A motion to correct an error in the action of the convening authority shall be filed
within five days after the party receives the convening authority's action. If any post-trial action
by the convening authority is incomplete, irregular, or contains error, the military judge shall-
(i) return the action to the convening authority for correction; or
(ii) with the agreement of all parties, correct the action of the convening
authmity in the entry of judgment.
(C) A motion to correct a clerical or computational error in a judgment entered by the
military judge shall be made within five days after a party is provided a copy of the judgment.
(c) .A1atters not su~ject to post-trial sessions. A post-trial session may not be directed:
(1) For reconsideration of a finding of not guilty of any specification, or a ruling which
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amounts to a finding of not guilty;
(2) For reconsideration of a finding of not guilty of any charge, unless the record shows a

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