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Title 10 — Armed ForcesRelease 119-73

§949o Record of trial

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 47A— - MILITARY COMMISSIONS › Subchapter SUBCHAPTER IV— - TRIAL PROCEDURE › § 949o

Last updated Apr 6, 2026|Official source

Summary

Each military commission must keep a separate, verbatim record of the proceedings and testimony for every case, and the military judge must sign it. If the judge cannot sign because of death, disability, or absence, the trial counsel or, if needed, a commission member signs. The record may include a classified annex under Secretary of Defense rules. After the record is signed, the accused gets a copy. If parts are classified, the accused gets a redacted copy per subchapter V, while defense counsel may access the unredacted record under those Secretary of Defense rules.

Full Legal Text

Title 10, §949o

Armed Forces — Source: USLM XML via OLRC

(a)Each military commission under this chapter shall keep a separate, verbatim, record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by a member of the commission if the trial counsel is unable to authenticate it by reason of death, disability, or absence. Where appropriate, and as provided in regulations prescribed by the Secretary of Defense, the record of a military commission under this chapter may contain a classified annex.
(b)A complete record of the proceedings and testimony shall be prepared in every military commission under this chapter.
(c)A copy of the record of the proceedings of the military commission under this chapter shall be given the accused as soon as it is authenticated. If the record contains classified information, or a classified annex, the accused shall receive a redacted version of the record consistent with the requirements of subchapter V of this chapter. Defense counsel shall have access to the unredacted record, as provided in regulations prescribed by the Secretary of Defense.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 949o, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2617, related to record of trial, prior to the general amendment of this chapter by Pub. L. 111–84.

Reference

Citations & Metadata

Citation

10 U.S.C. § 949o

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73