Chapter XVI.
Courts-martial--Procedure

(Continued)

Special and Summary Courts--Revision--Rehearings

82. COURTS-MARTIAL--PROCEDURE--Special and Summary Courts.--The procedure of and before special and summary courts-martial will, as far as practicable, be that prescribed for general courts-martial unless otherwise stated.

    A summary court will number cases serially in the order in which they are taken up. When the accused pleads guilty a summary court will explain to him the meaning and effect of his plea. In the absence of a plea of guilty summary court will thoroughly and impartially investigate both sides of the matter and, in any case, will see that the interests of both the Government and the accused are fully conserved.

    If the accused does not testify or make any statement in his own behalf the summary court will explain to the accused his rights as to these matters.

83. COURTS-MARTIAL--PROCEDURE--Revision.--The procedure of a general or a special court-martial when reconvened for the purpose of revising its action or correcting its record will in general be as indicated by the form of record of proceedings on revision. (See App. 6.) See A.W. 40 as to matters that can not be reconsidered. Only the members of the court who participated in the findings and sentence, together with the trial judge advocate and assistant trial judge advocate, if any, will assemble and the court will meet. The defense counsel, the accused and his individual counsel, if any, may also be present if required by the court, but their presence is otherwise not necessary. The trial judge advocate will read to the court the indorsement of the reviewing authority returning the record and directing the reconvening, or, if the record of trial by a special court-martial has been returned to him orally, he may state briefly to the court the views of the reviewing authority as communicated to him. The court is then closed, considers and takes action upon the matter before it, is opened, and adjourns. As the action so taken is entirely corrective, a case will not be reopened by the calling or recalling of witnesses or otherwise. Any modification made in order that the record may conform to what took place at the trial is

formally made, no actual physical change being made in the original record. See 85b (Contents of record) and App. 6 (Form of record of proceedings on revision).

For procedure in reconsideration of action on special pleas and similar matters see 64a.

What has been said in respect to the procedure on revision by general or special courts-martial will as far as applicable govern such procedure by summary courts-martial.

84. COURTS-MARTIAL--PROCEDURE--Rehearings.--The procedure in general is the same as in other trials. See in this connection 89 (Ordering rehearings), 117b (Former testimony), and A.W. 50¹/2.

    No member of the general or special court rehearing the case should be permitted to examine the record of the former proceedings or any document (other than charges) referred with the charges to the trial judge advocate except when received in evidence at the rehearing; but such parts thereof as relate to the errors committed at the former hearing may be examined by the law member when necessary to enable him to decide upon the admissibility of offered evidence or other questions of law involved, and may be read to the court when necessary for it to decide a question of law under the provisions of A.W. 31.

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