DISTRIBUTION OF RECORDS OF TRIAL

Send the original and all copies of the record of trial, except for the accused's copy to the CA. Retain one copy in the court reporting shop.

SUMMARIZED RECORDS OF TRIAL

In those cases not requiring a verbatim record, prepare a summarized record of trial using the DD Form 490 kit.

The fact that a summarized record of trial is to be prepared does not affect any of the procedures of the trial itself. As mentioned before, you should record everything verbatim because events could occur that require a verbatim record even though it might appear before trial that a summarized record would be sufficient.

Pleas

Set forth the pleas verbatim as stated in court. If the accused pleads guilty, the ruling officer will explain to the accused the meaning and effect of the guilty plea. This explanation includes (1) the elements of the offense, (2) that the plea admits every element charges and every act or omission alleged, and (3) that the plea authorizes conviction without further proof. The ruling officer also advises the accused of the maximum authorized punishment that may be adjudged for the offense upon conviction. The record of trial must show that this was done. Therefore, it is recommended that this be set forth verbatim.

Prosecution Case

Set forth the testimony of witnesses in summarized form in first person, present tense. If no witnesses are called by the TC, the word None must be typed in the record at this point.

At the conclusion of the TV's case, insert the words The prosecution rested.

Defense Case

Again, set forth the testimony of witnesses in summarized form in first person, present tense. If no witnesses are called by the defense, insert the word None in the record at this point.

If no evidence or testimony is presented by the accused, the record must so reflect. The words The defense rested should appear at the conclusion of the DC's case.

Findings

Set forth the findings verbatim as announced in court. Before announcing the findings, the ruling officer may state that all manuals and legal References or authorities were removed from the closed session of the court. If such a statement is made, the record should so indicate by the addition of an entry reflecting this statement.

Personal Data on the Accused

If any data on the accused is incorrect, such data must be noted and copied into the record with the substance of the corrective action taken noted.

Previous Convictions

The TC presents evidence of admissible previous convictions, if any, and this information is included in the record of trial.

Matters in Extenuation and Mitigation

The ruling officer advises the accused that he or she may present any matters he or she desires in mitigation or extenuation, including unsworn statements. If any matters are presented, transcribe them into the record in chronological order in which presented. If testimony is presented, the same procedures are used as when testimony is taken from other witnesses.

Sentence

Before closing the court, the ruling officer instructs the court on the maximum sentence that may be adjudged. The record must reflect that this was done. The ruling officer also instructs the court on any matters presented in extenuation and mitigation. It is recommended that these instructions be set forth verbatim.

You must set forth the sentence verbatim as announced in court. Again, before announcing the sentence, as before announcing findings, the ruling officer may state that all manuals and legal authorities were removed from the closed session of the court. The addition of an entry to this effect should be made if such a statement is made by the ruling officer.