Recess or Adjournment

Use standard stock entries (SSEs) in the record for recording recesses or adjournment, or for accounting for parties to the trial. The entry you should use for this latter purpose is as follows:

All parties to the trial who were present when the court recessed are again present in court.

If a member fails to return from a recess of the court, the reason must be shown. After arraignment, a member may be excused by the CA only for good cause.

Use an SSE for recording closings and openings of the court. No entry to show an accounting of parties to the trial need be made on opening the court except when necessary to show the absence of a party after the court was in closed session. Again, the reason must be shown for a member's absence.

Authentication

A summarized record is authenticated in the same manner as a verbatim record. Appendix 13 of the MCM contains further information on the preparation of summarized records of trial and you should refer to it when preparing a summarized record of trial.

RECORDING CONTEMPT PROCEEDINGS

What is contempt of court? It is defined as any willful disregard of the authority of a court or disobedience of its order. Article 48, UCMJ, gives courts-martial the power to punish for the following contemptuous acts: menacing words, signs, or gestures, and any disturbance of the court's proceedings by riot or disorder. These acts must occur in the preserve of the court to be punished under Article 48, UCMJ. Any person, whether subject to the UCMJ or not (with the execption of the ruling officer or members of the court), including the accused, TC, DC, reporter, witnesses, spectators, and even the CA may be punished for contempt.

There is no separate record of contempt proceedings. Normally, a contempt poceedings is a part of the record of trial. If the court desires, however, the record of contempt proceedings may be transcribed separately so that it may be sent to the CA immediately for his or her action. Whether this is done or whether it is transcribed in the record of trial is a matter within the discretion of the ruling officer. See figure 3-3 for the recommended format to use in recording contempt proceedings.

There is no appeal or review of contempt action other than an automatic review by the CA. If, on review, the CA is satisfied that a contempt occurred and that the punishment adjudged is appropriate, the CA may order the punishment executed. The CA may (1) require the offender to serve any confinement adjudged pending formal review of the proceedings, (2) reduce the punishment, and (3) designate an appropriate place of confinement, if necessary.

The offender must be notified, in writing, of the holding and the punishment and of the CA's action. To be effective, the punishment adjudged for contempt must be approved by the CA.

CERTIFICATE OF CORRECTION

A certificate of correction is a document that corrects an error or omission so the record of trial will reflect what actually occurred at the trial. Keep in mind if the error or omission actually occurred at the trial, the record is correct as it stands and a certificate of correction must not be used.

The following is the normal course of action taken when a certificate of correction is necessary:

1. The CA returns the record to the military judge, president, or SCM, as appropriate, with a memorandum indicating the defects to be corrected and directing that a certificate be prepared.

2. The TC prepares the certificate. No erasures, additions, deletions, or other physical corrections are made in the record. The certificate is authenticated in the same manner as the record of trial. A copy must be served on the accused who must receipt for it. The receipt is attached to the original record. The certificate of correction is included in the original record immediately following the authentication