Page 343 - Trump Executive Orders 2017-2021

10046 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

Rule 1112. Certification of record of trial; general and special courts-martial
(a) In general. Each general and special court-martial shall keep a separate record of the
proceedings in each case brought before it. The record shall be independent of any other
document and shall include a recording of the court-martial. Court-martial proceedings may be
recorded by videotape, audiotape, or other technology from which sound images may be
reproduced to accurately depict the court-martial.
(b) Contents of the record of trial. The record of trial contains the court -martial proceedings,
and includes any evidence or exhibits considered by the court-martial in determining the
findings or sentence. The record of trial in every general and special court -martial shall include:
(1) A substantially verbatim recording of the court-martial proceedings except sessions
closed for deliberations and voting;
(2) The original charge sheet or a duplicate;
(3) A copy of the convening order and any amending order;
(4) The request, if any, for trial by military judge alone; the accused's election, if any, of
members under RC.M. 903; and, when applicable, any statement by the convening authority
required under R.C.M. 503(a)(2);
(5) The election, if any, for sentencing by members in lieu of sentencing by military judge
under R.C.M. 1 002(b );
(6) Exhibits, or, if permitted by the military judge, copies, photographs, or descriptions of
any exhibits that were received in evidence and any appellate exhibits;
(7) The Statement of Trial Results;
(8) Any action by the convening authority under R. C.M. 1109 or 111 0; and
(9) The judgment entered into the record by the military judge.
(c) Cert[fication. A court reporter shall prepare and certify that the record of trial includes all
items required under subsection (b). If the court reporter cannot certify the record of trial
because of the court reporter's death, disability, or absence, the military judge shall certify the
record of trial.
(1) l'iming (if certification. The record of trial shall be certified as soon as practicable after
the judgment has been entered into the record.
(2) Additional proceedings. If additional proceedings are held after the court reporter
certifies the record, a record of those proceedings shall be included in the record of trial, and a
court reporter shall prepare a supplemental certification.
(d) Loss of record, incomplete record, and correction of record.
(1) If the certified record ofttial is lost or destroyed, a court reporter shall, if practicable,
certify another record of trial.
(2) A record of ttial is complete if it complies with the requirements of subsection (b). If the
record is incomplete or defective, a court reporter or any party may raise the matter to the
military judge for appropriate corrective action. A record of trial found to be incomplete or
defective before or after certification may be corrected to make it accurate. A superior
competent authority may return a record of trial to the military judge for correction under this
rule. The military judge shall give notice of the proposed correction to all parties and permit
them to examine and respond to the proposed correction. All parties shall be given reasonable
access to any court reporter notes or recordings of the proceedings.
(3) The military judge may take corrective action by any of the following means-
( A) reconstructing the portion of the record affected;
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(B) dismissing affected specifications;

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