Summary of changes
R.C.M. 1305 — Record of trial
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole R.C.M. in one view.
0 amended
0 added
0 removed
20 unchanged
No changes recorded for this R.C.M. —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
1305(a)
unchanged
Original text
In general.
The record of trial of a summary court-martial shall be prepared as prescribed in subsection (b) of this rule. The convening or higher authority may prescribe additional requirements for the record of trial.
Current text
In general.
The record of trial of a summary court-martial shall be prepared as prescribed in subsection (b) of this rule. The convening or higher authority may prescribe additional requirements for the record of trial.
1305(b)|D
unchanged
Original text
DD Form 2329 provides a sample Record of Trial by Summary Court-Martial. Any matters submitted under R.C.M. 1306(a) should be appended to the record of trial.
Current text
DD Form 2329 provides a sample Record of Trial by Summary Court-Martial. Any matters submitted under R.C.M. 1306(a) should be appended to the record of trial.
1305(b)
unchanged
Original text
Contents.
The summary court-martial shall prepare a written record of trial, which shall include:
Current text
Contents.
The summary court-martial shall prepare a written record of trial, which shall include:
1305(b)(1)
unchanged
Original text
The pleas, findings, and sentence, and if the accused was represented by counsel at the summary court-martial, a notation to that effect;
Current text
The pleas, findings, and sentence, and if the accused was represented by counsel at the summary court-martial, a notation to that effect;
1305(b)(2)
unchanged
Original text
The fact that the accused was advised of the matters set forth in R.C.M. 1304(b)(1);
Current text
The fact that the accused was advised of the matters set forth in R.C.M. 1304(b)(1);
1305(b)(3)
unchanged
Original text
If the summary court-martial is the convening authority, a notation to that effect.
Current text
If the summary court-martial is the convening authority, a notation to that effect.
1305(c)
unchanged
Original text
Certification.
The summary court-martial shall certify the record by signing the record of trial. An electronic record of trial may be certified with the electronic signature of the summary court-martial.
Current text
Certification.
The summary court-martial shall certify the record by signing the record of trial. An electronic record of trial may be certified with the electronic signature of the summary court-martial.
1305(c)|D
unchanged
Original text
Certification means attesting that the record accurately reports the proceedings and includes any matters prescribed by the Secretary concerned.
Current text
Certification means attesting that the record accurately reports the proceedings and includes any matters prescribed by the Secretary concerned.
1305(d)
unchanged
Original text
Forwarding copies of the record.
Current text
Forwarding copies of the record.
1305(d)(1)
unchanged
Original text
Accused’s copy.
Current text
Accused’s copy.
1305(d)(1)(A)
unchanged
Original text
Service.
The summary court-martial shall cause a copy of the record of trial to be served on the accused as soon as it is certified. Service of a certified electronic copy of the record of trial with a means to review the record of trial satisfies the requirement of service under this rule.
Current text
Service.
The summary court-martial shall cause a copy of the record of trial to be served on the accused as soon as it is certified. Service of a certified electronic copy of the record of trial with a means to review the record of trial satisfies the requirement of service under this rule.
1305(d)(1)(B)
unchanged
Original text
Receipt.
The summary court-martial shall cause the accused’s receipt for the copy of the record of trial to be obtained and attached to the original record of trial or shall attach to the original record of trial a certificate that the accused was served a copy of the record. If the record of trial was not served on the accused personally, the summary court-martial shall attach a statement explaining how and when such service was accomplished. If the accused was represented by counsel, such counsel may be served with the record of trial.
Current text
Receipt.
The summary court-martial shall cause the accused’s receipt for the copy of the record of trial to be obtained and attached to the original record of trial or shall attach to the original record of trial a certificate that the accused was served a copy of the record. If the record of trial was not served on the accused personally, the summary court-martial shall attach a statement explaining how and when such service was accomplished. If the accused was represented by counsel, such counsel may be served with the record of trial.
1305(d)(1)(C)
unchanged
Original text
Classified information.
If classified information is included in the record of trial of a summary court-martial, R.C.M. 1112(e)(3)(A) shall apply.
Current text
Classified information.
If classified information is included in the record of trial of a summary court-martial, R.C.M. 1112(e)(3)(A) shall apply.
1305(d)(2)
unchanged
Original text
Forwarding to the convening authority.
The original and one copy of the record of trial shall be forwarded to the convening authority after compliance with paragraph (d)(1) of this rule.
Current text
Forwarding to the convening authority.
The original and one copy of the record of trial shall be forwarded to the convening authority after compliance with paragraph (d)(1) of this rule.
1305(d)(3)
unchanged
Original text
Further disposition.
After compliance with R.C.M. 1306(b) and (h) and R.C.M. 1307(h), if applicable, the record of trial shall be disposed of under regulations prescribed by the Secretary concerned.
Current text
Further disposition.
After compliance with R.C.M. 1306(b) and (h) and R.C.M. 1307(h), if applicable, the record of trial shall be disposed of under regulations prescribed by the Secretary concerned.
1305(e)
unchanged
Original text
Loss of record; defective record; correction of record.
Current text
Loss of record; defective record; correction of record.
1305(e)(1)
unchanged
Original text
Loss of record.
If the certified record of trial is lost or destroyed, the summary court-martial shall, if practicable, cause another record of trial to be prepared for certification. The new record of trial shall become the record of trial in the case if the requirements of this rule are met.
Current text
Loss of record.
If the certified record of trial is lost or destroyed, the summary court-martial shall, if practicable, cause another record of trial to be prepared for certification. The new record of trial shall become the record of trial in the case if the requirements of this rule are met.
1305(e)(2)
unchanged
Original text
Defective record.
A record of trial found to be defective after certification may be returned to the summary court-martial to be corrected. The summary court-martial shall give notice of the proposed correction to the parties and permit them to examine and respond to the proposed correction before issuing a certificate of correction. The parties shall be given reasonable access to any recording of the proceedings.
Current text
Defective record.
A record of trial found to be defective after certification may be returned to the summary court-martial to be corrected. The summary court-martial shall give notice of the proposed correction to the parties and permit them to examine and respond to the proposed correction before issuing a certificate of correction. The parties shall be given reasonable access to any recording of the proceedings.
1305(e)(2)|D
unchanged
Original text
The type of opportunity to respond depends on the nature and scope of the proposed correction. In many instances an adequate opportunity can be provided by allowing the parties to present affidavits and other documentary evidence to the person issuing the certificate of correction or by a conference telephone call among the summary court-martial, the parties, and the reporter, if any. In other instances, an evidentiary hearing with witnesses may be required. The accused need not be present at any hearing on a certificate of correction.
Current text
The type of opportunity to respond depends on the nature and scope of the proposed correction. In many instances an adequate opportunity can be provided by allowing the parties to present affidavits and other documentary evidence to the person issuing the certificate of correction or by a conference telephone call among the summary court-martial, the parties, and the reporter, if any. In other instances, an evidentiary hearing with witnesses may be required. The accused need not be present at any hearing on a certificate of correction.
1305(e)(3)
unchanged
Original text
Certificate of correction; service on the accused.
The certificate of correction shall be certified as provided in subsection (c) of this rule and a copy served on the accused as provided in paragraph (d)(1) of this rule. The certificate of correction and the accused’s receipt for the certificate of correction shall be attached to each copy of the record of trial required to be prepared under this rule.
Current text
Certificate of correction; service on the accused.
The certificate of correction shall be certified as provided in subsection (c) of this rule and a copy served on the accused as provided in paragraph (d)(1) of this rule. The certificate of correction and the accused’s receipt for the certificate of correction shall be attached to each copy of the record of trial required to be prepared under this rule.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.