10 U.S.C. § 949o: Record of trial

Summary

Each military commission must keep a separate verbatim record of each case. The military judge must sign it. If the judge is dead, disabled, or absent, trial counsel or commission member can sign. Records can include a classified annex under Secretary of Defense rules and must cover all proceedings and testimony. The accused gets a signed copy; if classified they get a redacted copy under subchapter V, while defense counsel may see the unredacted record per Secretary of Defense rules.

Title 10, §949o

Armed Forces, Source: USLM XML via OLRC

(a)Record; Authentication.—

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)Complete Record Required.—

A complete record of the proceedings and testimony shall be prepared in every military commission under this chapter.

(c)Provision of Copy to Accused.—

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.

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.

§949o Record of Trial

Summary

Title 10, §949o

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata