Stages of Examination

The reporter records and transcribes the proper stage of examination during the proceedings. The stages of examination usually take place in the following order: direct examination, cross-examination, redirect examination, recross-examination, and examination by the court.

When transcribing the record, type the stage of examination in capital letters and centered on the page, two lines below the SSE calling the witness or after the previous stage of examination. The following example shows where and how the stage of examination and the identity of the examiner should appear in the record:

DIRECT EXAMINATION

Questions by the Prosecution:

Q. State your full name, last, first, and middle, for the record.

A. John Adam Doe.

A brief method for recording the stages of examination, the party conducting the examination, and the first question the party will ask is shown in figure 3-2. Note that a witness called for the defense is initially examined by the prosecution. This examination is normally limited to establishing the identity of the witness and whether the witness knows the accused in the case. The defense then conducts the actual direct examination of its witness. The prosecution would conduct a cross-examination of a defense witness. Use the brief method shown in figure 3-2 for recording the previous information.

Figure 3-2.-Abbreviations used in recording stages of examination.

MARKING EXHIBITS

Another one of your duties during the proceeding will be to mark the exhibits received in evidence. You must mark prosecution exhibits in the following manner:

Prosecution Exhibit 1 for identification (insert consecutive Arabic numerals for each succeeding exhibit admitted).

Mark exhibits for the defense as follows:

Defense Exhibit A for identification (insert consecutive capital letters; for example, A, B, and C for each succeeding exhibit admitted). Transcribe defense exhibits in the record in the same manner as prosecution exhibits, except letter them instead of numbering them.

Mark appellate exhibits with Roman numerals; for example Appellate Exhibit I, Appellate Exhibit II.

After an exhibit is admitted in evidence, it is your responsibility to delete the words for identification. You will do this when directed by the military judge or president during the proceedings. If copies or a true description is submitted for original evidence received during the trial, the authenticity of the copies or description must be attested to. This is usually done by the TC. Here are a few examples:

A true copy.

Attest:

J. A. DOE LT, JAGC, USNR Trial Counsel

A true description.

Attest:

J. A. DOE LT, JAGC, USNR Trial Counsel

A true photograph.

Attest:

J. A. DOE LT, JAGC, USNR Trial Counsel

You must identify real evidence in the same manner as documentary exhibits; however, you will place identifying markings on a tag and attach them to the exhibit.