Distribution Requirements

With one accused prepare at least an original and six copies of the charge sheet. You will distribute them as follows:

1. Original-For insertion in the original record of trial

2. Copies to-TC, DC, military judge, accused, court reporter, and the file

This is a recommended distribution. Numbers may vary depending upon local practices.

CONVENING AND AMENDING ORDERS

Courts-martial are convened by means of a convening order issued by the CA, The convening order must be personally signed by the CA. Without a convening order, no court-martial can be held, with one exception; the exception is when only one officer is attached to a command. In this case, he or she is the SCM of the command and no order detailing him or her is needed.

A court is usually created to hear several cases, but may in fact hear only one. In detailing a new court, the old court should not be dissolved nor should the old convening order be rescinded or revoked. One good reason for this is if the court that heard a case that was returned for proceedings in revision has been dissolved there can be no proceedings in revision.

Circumstances will determine whether a new court will be convened to hear the case or whether the case will be referred to an existing court. In the first instance, there will be a new convening order prepared. In the latter, a current convening order maybe used, or it may be amended as necessary. Amendments may become necessary when there is an insufficient number of officer members available or when the court may be reduced below a quorum, or when the assignment of enlisted members is required according to the request of an enlisted accused.

Preparation

A convening order for a GCM or an SPCM will designate the type of court-martial and detail the members and may also designate where the court-martial will meet. If the CA has been designated by the secretary concerned, the convening order will state this. Refer to appendix 6 of the MCM for forms for orders convening courts-martial. Figure 6-2 illustrates a convening order for an SCM. Figure 6-3 shows a convening order for an SPCM. Figure 6-4 shows a convening order for a GCM.

The members, military judge, and counsel may be changed by an authority competent to detail such persons. Changes of the members of the court-martial should be kept to a minimum. If extensive changes are necessary and no session of the court-martial has begun, it may be appropriate to withdraw the charges from one court-martial and refer them to another.

When new persons are added as members or counsel or when substitutions are made as to any members or counsel or the military judge, such persons are detailed in the same manner as original members. An order changing the members of the court-martial, except one that excuses members without replacements, is reduced to writing and is called an amending order. Figure 6-5 shows an SPCM amending order permanently adding officer members to a previously established court. Figure 6-6 shows an SPCM amending order temporarily adding officer members to a previously established court for a

Figure 6-2.-Summary court-martial convening order.

Figure 6-3.-Special court-martial convening order.

Figure 6-4.-General court-martial convening order.

Figure 6-5.-Special court-martial amending order permanently adding officer members to a previously established court.

Figure 6-6.-Special court-martial amending order temporarily adding officer members to a previously established court for a specific case only.

_{specific case only.} Figure 6-7 shows an SPCM members from a previously established court without amending order used to permanently remove officer replacement members. Figure 6-8 shows an SPCM

Figure 6-7.-Special court-martial amending order permanently removing officer members from a previously established court without replacement members.

Figure 6-8.-Special court-martial amending order temporarily removing officer members from a previously established court without replacements for a specific case only.

amending order used to temporarily remove officer members from a previously established court without replacements for a specific case only. Figure 6-9 shows a GCM amending order used to permanently remove an officer member from a previously established court and replace that member with a new officer member.

The previous samples show some of the various types of amending orders and the intended purposes of each different type. These samples can be modified for usc in amending either an SPCM or a GCM convening order simply by changing the heading and the body to read the appropriate type of order. Keep in mind, however, that the basic format of these samples will not change regardless of the type of order you are amending.

Distribution

The original convening order and any amendments are inserted in the original record of trial. Provide copies of the convening order and any amending orders to the TC, DC, military judge, court reporter, and the file.