Appendix VI.
Form for Record of Trial by General Courts-Martial,
and Revision Proceedings, With Notes

Record of Trial by General Court-Martial of Private ----------, Company ----------, ---------- Infantry ----------.

Erasures.		(Note.--The record will be clear and legible. Erasures or interlineations appearing on the record as authenticated will be initialed by those who authenticated the record.
Margins.		The pages of the record will be numbered at the bottom and margins of 21/2 inches will be left at the top, and 1 inch at the bottom and left side of each page.
Marginal notes.		The words on the left margin of this appendix are not part of the form of record
Record of arguments.		Written arguments will be attached as exhibits, appropriate references being made to each in the record at the proper place. Oral arguments as to any question, interlocutory or other, need not be recorded except to the extent required or permitted by the court, and except to the extent necessary for a proper understanding of any objection made or question raised with respect to an argument. The proceedings and action on any such objection or question will be recorded. The fact that a party made or declined to make an argument will be recorded.
Use of form.		This form is to be used as a general guide, and with the understanding that the actual record of many cases will depart from the form in numerous particulars.)
Index.		INDEX Page Arraignment___________________________________________   Pleas_________________________________________________   Statement by accused____________________________________   Findings______________________________________________   Sentence (or acquittal)___________________________________   Proceedings in revision___________________________________
Witnesses.		TESTIMONY Name of witness Direct Cross Redirect Recross Court Recalled
Exhibits.		EXHIBITS, ETC., APPENDED Description Number Page where introduced
Copies of record.		__________ copies of record furnished as per attached certificates or receipts. __________ copies of record forwarded herewith. (See 85b.)

		Proceedings of a general court-martial which convened at ----------, pursuant to the following order (or orders):
Orders.		(Note.--Here insert a literal copy of the order appointing the court and, following it, copies of any orders modifying the detail. Such copies may be prepared beforehand to be bound with the record.)
Place, date and hour.		Fort ----------, ----------, ----------, ----------, 19---.
		The court met pursuant to the foregoing order (or orders) at ---------- o'clock ----------.
Personnel present.		PRESENT (Note.--List the personnel of the court who are present.) Col. ----------, Fifth Cavalry. Lieut. Col. ----------, First Infantry. Lieut. Col. ----------, Third Field Artillery. Maj. ----------, J.A.G.D., law member. Maj. ----------, Third Field Artillery. Capt. ----------, Fourth Infantry. Capt. ----------, Fifth Cavalry. Capt. ----------, Fifth Cavalry, trial judge advocate. First Lieut. ----------, Third Field Artillery, assistant trial judge advocate. Capt. ----------, Fourth Infantry, defense counsel. Capt. ----------, Fourth Infantry, assistant defense counsel.
Absentees and reason for absence.		ABSENT (Note.--The fact of, and any known reason for, the absence of any of the personnel of the court will be stated. If no reason is known, state "reason unknown." (See 38c.) Capt. -----------, First Infantry (detached service). Capt. -----------, Third Field Artillery (reason unknown).
Appearance of accused and introduction of counsel.		The court proceeded to the trial of Private ----------, Company ----------, ---------- Infantry, who, on appearing before the Court, was asked by the trial judge advocate whom he desired to introduce as counsel. The accused (introduced as his individual counsel Capt. ----------, Third Field Artillery, and as associate counsel the defense counsel and the assistant defense counsel) (stated that he desired to be defended by the defense counsel and the assistant defense counsel.) (----------.)
Reporter sworn.		---------- was sworn as reporter.
Copy of record.		Prosecution to accused: Do you want a copy of the record? Accused: ----------
Interpreter sworn.		---------- was sworn as interpreter. (Note.--The interpreter may be sworn just before he functions as such.)
Names of mem- bers announced.		The trial judge advocate then announced the names of the members of the court present. (Note.--The trial judge advocate will here disclose in open court every ground of challenge believed by him to exist in the case, and the record will here show any such disclosure and the proceedings and action taken thereon. See 57.)

Excusing members.		Prosecution: If any member of the court is aware of any facts which he believes to be a ground of challenge by either side against any member, it is requested that he state such facts. (Note.--The trial judge advocate will give such information as to the general nature of the charges, who signed them, and who participated in the proceedings already had thereon as may be requested. See 57. The record will show any such request and the action taken thereon.) Capt. ----------, Fourth Infantry, announced that he signed the charges in the case. He was excused and withdrew.
Challenges by trial judge advocate.		Prosecution : The prosecution has no challenges. (Note.--Or insert here any challenges made by the trial judge advocate and the action thereon. See 58, and form below as to challenge by accused.)
Opportunity to challenge given accused.		Prosecution to accused: You now have an opportunity to exercise your rights as to challenge. (Note.--Upon request, the defense will here be given an opportunity to examine the orders, etc. See 58f. If defense does not desire to challenge, the record will so state.)
Challenge by accused.		Defense : ----------. (Note.--If challenge is made, insert the challenge and any statement made by the challenged member. See 58. If the defense withdraws the challenge, or if the challenged member is excused without closing, the record will so state. Should challenged member testify as to his competency, the record should continue:)
Challenged members sworn.		The challenged member was sworn as to his competency to act as a member of the court, and testified as follows: (Note.--See 95. Where the challenge is contested the proceedings on the issue are recorded and, after showing both sides as resting on such issue, the record continues:)
Court votes on challenge; deci- sion announced.		The challenged member withdrew, the court was closed and voted upon the challenge by secret written ballot, and, upon being opened, the president announced that the challenge was (sustained, and the challenged member thereupon withdrew) (or not sustained, and the challenged member thereupon resumed his seat).
Further challenges by accused.		The accused was asked if he objected to any other member present, to which he replied in the negative, or Defense: ----------. (Note.--Show each successive challenge, etc., as above. After accused replies in the negative, the record--a quorum being present--continues:)
Court, etc., sworn.		The members of the court and the personnel of the prosecution were then sworn.
Nolle prosequi.		(Note.--A nolle prosequi may be entered either before or after arraignment and plea. See 72. The following form may be used:) Prosecution: By direction of ----------,the prosecution withdraws the following charges and specifications and will not pursue the same further at the present trial: ----------.
Arraignment.		The accused was then arraigned upon the following charges and specifications: (Note.--Do not copy matter on charge sheet that precedes the charges proper.)

Charges.		Charge I: Violation of the ---------- Article of War. Specification: In that, etc. Charge II: Violation of the ---------- Article of war. Specification 1: In that, etc. Specification 2: In that, etc.
Signature, affi- davit, indorse- ment.		(Note.--Copy name, etc., of accuser; the affidavit with name, etc., of person who administered oath: and the indorsement referring case for trial, with name, etc., of person signing such indorsement.)
Continuance.		(Note.--If a continuance is desired, the application is usually made at this point. (See 52.) All proceedings thereon are recorded.)
Motion to sever.		Defense: (If there are more than one accused, a motion or motions to sever may be made. See 71b.) (Note.--If made, the record shows the motion to sever and proceedings had thereon. If granted, the record should show the decision of the court as to which accused the trial is to proceed and the formal amendment of the charges. See 71b. The record of such amendment might in a proper case read as follows:)
Amendment after severance.		President: Each specification is formally amended by striking out the words "and Private ----------, Company ----------, ---------- Infantry," the accused who is not now to be tried, and the words "acting jointly and in pursuance of a common intent" and by inserting after the word "did" the words "acting in conjunction with Private ----------, Co. ----------, ---------- Infantry," the accused who is not now to be tried. Trial will proceed on the charges as amended.
Special pleas; motion to strike out, etc..		Defense: As to specification ---------- charge ---------- the defense now pleads former acquittal in that the accused herein was by a court-martial convened pursuant to paragraph ----------, S.O. ----------, headquarters ----------, dated ----------, duly tried upon a charge of ---------- (reciting the charge and specification in full or in substance) aud was on ---------- (date) duly acquitted of such charge and specification; and the offense for which he was so tried and acquitted is the same as the offense set forth in specification ----------, charge ----------, to which this plea is made. (Note.--In the case special pleas, motions, etc., are made, the record will show them and the proceedings and action thereon. See 64-69, 71-73. This form of record as to pleas assumes that pleas to the general issue are finally made. If the accused's right to plead the statute of limitations is explained to him, the fact that the explanation was made will be recorded. The terms of the explanation need not be recorded, but any response by the accused will be fully recorded.) Law member: Subject to objection by any member of the court, the plea is overruled (or the plea is sustained, and the accused is not required further to plead to Specification ----------, Charge ----------). President: There being no objection, the ruling stands.
Pleas to general issue.		The accused then pleaded as follows: To the Specification, Charge I : Guilty (or not guilty). To Charge I: Guilty (or not guilty). To Specification 1, Charge II: Guilty (or not guilty). To Specification 2, Charge II: Guilty (or not guilty).

		To Charge II: Guilty (or not guilty).       or To all charges and specifications, Guilty (or not guilty).
Explanation of plea of guilty.		(Note.--If an explanation of a plea of guilty is made (see 70), the fact that the explanation was made will be recorded. The terms of the explanation need not be recorded, but any response by the accused will be fully recorded.)
Record of mat- ters read to court by trial judge advocate.		By direction of the court the following matters were read to the court by the trial judge advocate, to wit: (Note.--Any extracts from the manual or elsewhere that are read will be identified by paragraph, page, etc., but need not be copied in the record. See 75b.)
Opening statement.		The trial judge advocate then made an opening statement to the court. (Note.--The trial judge advocate may make an opening statement. See 75b. This statement need not be recorded except to the extent required or permitted by the court, and except to the extent necessary for a proper understanding of any objection made or question raised with respect to such statement. The proceedings and action on any such objection or question will be recorded.)
Witness sworn.		Sergt. John Jones, Company ----------, ---------- Infantry, a witness for the prosecution, was sworn and testified as follows:
Caution if recalled.		(Note.--Each witness will be sworn. When a witness is recalled, the record should show that he was cautioned that he was still under oath. See 121a.)
Direct examination.		DIRECT EXAMINATION Questions by prosecution: Q. Do you know the accused? If so, state his name. A. I do; ---------- ---------- . Q. Is he in the military service of the United States? A. ----------.
Show accused subject to military law.		(Note.--If accused is not in the military service of the United States, show how he is otherwise subject to court-martial jurisdiction.) Q. What is his grade and organization? A. ----------.
Questions and answers fully set out.		(Note.--The succeeding questions and answers should follow in order. The record should set forth testimony in the words of the witness. If the court should decide to strike out any part of the testimony, it will not be literally stricken out or omitted from the record, but it will not be thereafter considered as part of the evidence.)
Questions and answers through interpreter.		(If questions and answers are through an interpreter, the record will so state.)
Cross- examination.		CROSS-EXAMINATION (Note.--Accused will be given full opportunity to cross-examine each witness called or recalled by the prosecution or by the court.) Questions by defense: Q. ----------? A. ----------. (Note.--If the defense declines to cross-examine witness, the record should state:) The defense declined to cross-examine the witness.

Redirect examination.		REDIRECT EXAMINATION Questions by prosecution: Q. ----------? A. ----------.
Recross examination.		RECROSS EXAMINATION Questions by defense: Q. ----------? A. ----------. Prosecution: (Insert objection.) Defense: (Insert reply.) Note.--As to arguments, see note at beginning of this appendix.)
Ruling.		The law member: The objection is sustained (or not sustained.) Note.--(See 51.) Where a question of admissibility of evidence is to be voted on by court--that is, when the ruling of the president on the question is objected to--the record shows the facts and continues:)
Where court is closed.		The court was closed, and upon being opened the president announced that the objection was sustained (or that the objection was not sustained).
Examination by court.		EXAMINATION BY THE COURT Questions by ----------: Q. ----------? A. ----------.
Cross-examination by defense.		CROSS-EXAMINATION Questions by defense: Q. ----------? A. ----------.
Redirect exami- nation by prosecution.		REDIRECT EXAMINATION Questions by prosecution: Q. ----------? A. ----------.
Introduction of exhibits.		Prosecution: I offer in evidence the ---------- (describing the writing or other proposed exhibit, e.g., knife or pistol). (Note.--The proper foundation for the introduction of a writing or other exhibit should be laid before offering the exhibit.) Defense : (Insert any objection or other remark.) (Note.--If the exhibit is received the record will continue.)
Exhibit marked read in evidence.		The paper (or other proposed exhibit) was then received in evidence (was read) and marked Exhibit ----------.
Appending re- jected document.		(Note.--See 75 with reference to marking and appending rejected documentary evidence.)
Prosecution rests.		Prosecution: The prosecution rests. (Note.--If the court adjourns to meet another day, the record should continue:)

Adjournment.		The court then, at --------- -o'clock ---.m., on ---------- 19---, adjourned to meet at ---------- o'clock ---.m., on ---------- 19---. Captain, 5th Cavalry, Trial judge advocate. Fort ----------, 19---.
Accounting for personnel.		The court met, pursuant to adjournment, at ----------- o'clock ---.m., all the personnel of the court, prosecution, and defense, who were present at the close of the previous session in this case, being present (except) (Note.--Account for absentees as before, except that no mention need be made of personnel not present at the close of the previous session.) The accused and the reporter were also present. Capt. ----------, Fourth Infantry, appeared as a member of the court pursuant to the following order: (here insert a literal copy of such order)
New member.		The trial judge advocate announced the name of the new member. (Note.--The proceedings and record thereof with respect to excusing, challenging, and swearing the new member are to be substantially as shown for original members. If the new member is sworn the record continues:) The record of the proceedings of -----------, 19---, in this case were then read to (or by) the new member.
Opening state- ment by defense.		The defense counsel made an opening statement to the court. (Note.--See note above as to opening statement by trial judge advocate.)
Witness sworn.		Corpl. John Smith, Company ----------, ---------- Infantry, a witness for the defense, was sworn and testified as follows: DIRECT EXAMINATION Questions by the defense : Q. ----------? A. ----------. (Note.--Record any subsequent examinations of the witness following the principles already indicated above.)
Accused sworn.		The accused, at his own request, was sworn and testified as follows: DIRECT EXAMINATION (Note.--Follow as already indicated.)       or
Unsworn statement.		The accused made an unsworn statement. (Note.--Any such statement will be inserted in full if oral or attached as an exhibit if written.)
Defense rests.		Defense: The defense rests.

Rebuttal.		The defense having rested, the prosecution recalled Sergt. John Jones, Company ----------, ---------- Infantry, who after being reminded that he was still under oath, testified as follows:       or The prosecution announced that it had no further testimony to offer. (Note.--The defense will be asked if it has any further testimony to offer and, if not, the record will continue:) The defense had no further testimony to offer (or having no further testimony to offer requested until ---------- o'clock ---.m. to prepare his defense (or argument)). (Note.--If the court takes a recess, the record will continue:)
Recess.		The court then took a recess until ---------- o'clock ---.m., at which hour the personnel of the court, prosecution and defense, and the accused and the reporter resumed their seats. Arguments were then made (submitted) as follows :
Closing arguments.		(Note.--See note at beginning of this form and 77. The court should require an oral argument or a part thereof to be recorded when good reason exists, e.g., when accused makes an admission in his argument.)
Findings.		Neither the prosecution nor the defense having anything further to offer, the court was closed, and upon secret written ballot, two-thirds of the members present at the time the vote was taken concurring in each finding of guilty (if any), finds the accused:
Death penalty.		(Note.--The finding on each of the several specifications and charges not previously disposed of as a result of a special plea, etc., will be shown. In case of a finding of guilty of a specification charging an offense for which the death penalty is made mandatory by law, and the corresponding charge as to such specification, the record will show that all the members of the court present at the time the vote was taken concurred therein. See A.W. 43.) Of the specification, Charge I: Guilty (or not guilty). Of Charge I: Guilty (or not guilty). Of Specification 1, Charge II: Guilty, except the words "----------," substituting therefor the words "----------," of the excepted words Not guilty, and of the substituted words, Guilty. Of Specification 2, Charge II: Guilty (or not guilty). Of Charge II: As to Specification 1: Not guilty, but guilty of a violation of the ---------- A.W. As to Specification 2: Guilty (or not guilty).       or Of all specifications and charges: Guilty (or not guilty). (Note.--If the accused is found not guilty upon all specifications and charges, the record will continue:)
Acquittal.		The court was opened; the president announced that the accused was acquitted upon all specifications and charges. (Note.--If the accused is found guilty of any offense, the record should continue:)
Previous convictions.		The court was opened and the trial judge advocate stated, in the presence of the accused and his counsel, that he had no evidence of previous convictions to submit.

		Or, read the attached evidence of previous convictions (Exhibits ---------- to ----------).
Data as to service, etc.		The trial judge advocate read the, data as to age, pay, and service as shown on the charge sheet as follows (insert matter read): (Note.--Where objection is made to evidence of previous conviction or to the data as to service, the proceedings had thereon will be recorded. See 79.)
Sentence.		The court was closed, and upon secret written ballot two-thirds (or three-fourths, or all) of the members present at the time the vote was taken concurring, sentences the accused to ----------.
Reasons.		(Note.--As to including reasons for findings and a statement of the weight given to evidence, see 78a. As to including reasons for sentence, see 80a.)
Announcement sentence.		The court was opened and the president announced the findings and sentence,       or The court was opened and the president stated that the court had directed that the findings and sentence be not announced.
Matters as to clemency.		Documents submitted by the, defense for consideration in connection with clemency are attached hereto marked ----------. The court then, at ---.m., on ----------, 19---, proceeded to other business.
Adjournment.		Or, adjourned until ---------- ---.m., the ---------- instant. Or, adjourned to meet at the call of the president.
Authentication.		---------- ----------, Colonel, 5th Cavalry, President. (or Lieutenant Colonel, 1st Infantry, a member in lieu of the president because of his (death) (disability) (absence).) ---------- ----------, Captain, 5th Cavalry, Trial Judge Advocate. (or First Lieutenant, 3d Field Artillery, assistant trial judge advocate (because of (death) (disability) (absence) of trial judge advocate.) (or Major, 3d Field Artillery, a member in lieu of trial judge advocate and assistant trial judge advocate because of (death) (disability) (absence) of trial judge advocate, and of (death) (disability) (absence) of assistant trial judge advocate.)
Certificate.		(Note.--If the findings and sentence were not announced, the trial judge advocate or assistant trial judge advocate, or member, as the case may be, will certify immediately after the authentication of the record as follows:)

		I certify that I personally recorded the findings and sentence of the court. ---------- ----------.
Exhibits.		(Note.--Exhibits follow in numerical order, then any rejected documents ordered appended, and then any recommendations and other papers relating to clemency.
Binding.		The papers forming the complete record will be securely bound together at the top.)
Bulky exhibits.		(Note.--Bulky exhibits such as a pistol will not ordinarily be attached to the record. Where advisable or necessary, a description or photograph of such an exhibit may be attached as an exhibit, an appropriate statement being made in the record.)
Revision of record.		Fort ---------- ----------, ---------- ----------, 19---. The court reconvened at ---------- o'clock ---.m., pursuant to the following indorsement:
Indorsement reconvening court.		(Note.--Insert copy of indorsement.)
Accounting for personnel.		All the members of the court, and the personnel of the prosecution who were present at the close of the previous session in this case were present (except) (Note.--Account for personnel as before, no mention being made of those not present at the close of the previous session in the case. No member should sit in revision proceedings who was not present at the previous session in the case.) (Note.--As to presence of accused and of the personnel of the defense, see 83. If present, the fact will be stated.)
Indorsement read.		The trial judge advocate read to the court the foregoing indorsement.
When court revokes findings and sentence.		The court was closed and revokes its former findings and sentence, and upon secret written ballot ----------. (Note.--Continue as before indicated with reference to the findings. If the new findings include a finding of guilt the record continues:) The court upon secret, written ballot ----------. (Note.--Continue as before indicated with reference to the sentence, announcement of findings and sentence, and adjournment or proceeding to other business.) (Note.--If new findings do not include a finding of guilt, the record continues as before indicated for opening the court, announcing an acquittal, adjournment, etc.)
Where court revokes sentence.		The court was closed and revokes its former sentence and upon secret written ballot ----------. (Note.--Continue as before indicated with reference to the sentence, announcement of sentence, adjournment, etc.)
Where court amends record.		The court was closed and amended the record by (inserting between lines ----- and -----, page -----, the words "The members of the court and the personnel of the prosecution were then sworn"). The court was opened and -----------. (Note.--Continue as before indicated with reference to adjournment or proceeding to other business.)

Where court adheres.		The court was closed and respectfully adheres to its former findings (or sentence) (or findings and sentence). (Note.--Continue as before indicated with reference to adjournment or proceeding to other business.)
Authentication.		(Note.--The record of revision proceedings is authenticated in accordance with the principles already indicated.)
Binding record.		(Note.--The record of revision will be bound in with the original record, before the exhibits.)

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