Appendix V.
Suggestions for Trial Judge Advocates

a. GENERAL AS TO DUTIES AND DUTIES OF ASSISTANT

See 41, 42, 97, 98, and 99.

An assistant trial judge advocate may, for example, assist the trial judge advocate in the preparation of cases for trial; try such cases as the trial judge advocate may, with the consent of the court, direct; take charge of the investigation before trial and proof during the trial of any particular phase or phases of the charges in any case; and relieve the trial judge advocate of minor details, such as arranging for a place of meeting of the court, stationery, messenger service, subpoenaing witnesses, etc.

b. PRIOR TO ASSEMBLING OF COURT

Prepare an envelope to contain the papers pertaining to each case, including copies of letters sent. A record may be conveniently kept on this envelope of such matters as date of receipt of charges or other papers; date of service of charges on accused; how accused intends to plead; name of individual counsel; result of examination in preparing for trial, and dates and other necessary facts pertaining to each other incident connected with the case, such as mailing interrogatories, subpoenaing witnesses, etc.; date and hours of each session of the court; date and hour commanding officer was notified of result of trial; date and hour record received back from reporter; date and hour record forwarded to appointing authority.

Examine the charges and all papers received to see that none appear to be missing; make and initial any authorized necessary changes in charges, and take proper action in connection with defects, if any, found in evidence of previous convictions, or in the data as to service; report to the appointing authority necessary or desirable changes which the trial judge advocate is not authorized to make.

Serve the accused with a copy of the charges, sign certificate on charge sheet of such service, and notify defense counsel.

Prepare case for trial; arrange with president date and time of meeting of court; arrange for court-martial room, see that it is in order, provided with necessary tables, chairs, stationery, etc.; notify all concerned of date and time of meeting, and arrange for presence of the accused, reporter, and interpreter.

c. DURING TRIAL

See form of record, App. 6.

d. AFTER TRIAL

Notify commanding officer in writing, direct, of result of trial. Complete vouchers for civilian witnesses and deliver same, if practicable, before the witnesses leave.

As to contents, preparation, authentication, 2nd disposition of record and certain related matters, see 85, 86, and App. 6, and App. 7.

Where documents received in evidence, etc., are to be returned and copies substituted (see 75n), see that such copies are correct, certify them, and return such documents. Occasion for this action frequently arises in connection with documentary evidence of previous convictions which is part of the records of as organization. Give defense opportunity to read record before it is authenticated. After record is authenticated take appropriate action with respect to delivery of copies thereof and make appropriate notations on index sheet.

Certify and make proper disposition of original voucher of reporter.

Table of Contents
Previous Appendix (4) *  Next Appendix (6)