48-2719. (KCMJ Art. 54) Record of trial.
48-2719
48-2719. (KCMJ Art. 54) Record of trial.(a) Each general court-martial shall keep a separate record of the proceedingsin each case brought before it and the record shall beauthenticated by the signature of the military judge. Ifthe record cannot be authenticated by the military judge by reason of thejudge's death, disability or absence, it shall be authenticated bythe signature of the trial counsel or by that of a member if thetrial counsel is unable to authenticate it by reason of the trial counsel'sdeath, disability or absence.In a court-martial consisting of only a military judge, the record shall beauthenticated by the court reporter under the same conditions which wouldimpose such a duty on a member under this subsection.
(b) Each special and summary court-martial shall keep a separaterecord of the proceedings in each case and the record shall beauthenticated in the manner required by such regulations as the governor may prescribe.
(c) (1) A complete record of the proceedings and testimony shall be prepared:
(A) In each general court-martial case in which the sentence adjudgedincludes a dismissal, a discharge or, if the sentence adjudged does notinclude a discharge, any other punishment which exceeds that which mayotherwise be adjudged by a special court-martial; and
(B) in each special court-martial case in which the sentence adjudgedincludes a bad-conduct discharge.
(2) In all other court-martial cases, the record shall contain suchmatters as may be prescribed by regulations of the governor.
(d) A copy of the record of the proceedings of each generalcourt-martial shall be given to the accused as soon as it is authenticated.If a verbatim record of trial by general court-martial is not required bysubsection (a), but has been made, the accused may purchasesuch a record undersuch regulations as the governor may prescribe.
History: L. 1972, ch. 203, § 48-2719;L. 1988, ch. 191, § 35; July 1.