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HEADQUARTERS UNITED STATES AIR FORCE …

BY ORDER OF THE SECRETARY OF THE AIR FORCE AIR FORCE MANUAL 51-203 4 SEPTEMBER 2018 LAW RECORDS OF TRIAL COMPLIANCE WITH THIS PUBLICATION IS MANDATORY ACCESSIBILITY: Publications and forms are available on the e-Publishing website at for downloading or ordering. RELEASABILITY: There are no releasability restrictions on this publication. OPR: AFLOA/JAJM Supersedes: AFMAN 51-203, 17 Nov 09 AFGM17-01, 25 Oct 18 Certified by: AFLOA/CC (Brig Gen Sharon A. Shaffer) Pages: 77 This manual implements the Uniform Code of Military Justice (UCMJ), the Manual for Courts-Martial (MCM), Air FORCE Policy Directive (AFPD) 51-2, Administration of Military Justice, and Air FORCE Instruction (AFI) 51-201, Administration of Military Justice. This is a specialized publication intended for use by Airmen who have graduated from technical training related to this publication. It provides guidance on preparing Records of Trial (ROT), court-martial transcripts, and court reporter duties.

DEPARTMENT OF THE AIR FORCE HEADQUARTERS UNITED STATES AIR FORCE WASHINGTON DC . Air Force Manual 51-203_Air Force Guidance Memorandum_2017-01 . 25 October 2017

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Transcription of HEADQUARTERS UNITED STATES AIR FORCE …

1 BY ORDER OF THE SECRETARY OF THE AIR FORCE AIR FORCE MANUAL 51-203 4 SEPTEMBER 2018 LAW RECORDS OF TRIAL COMPLIANCE WITH THIS PUBLICATION IS MANDATORY ACCESSIBILITY: Publications and forms are available on the e-Publishing website at for downloading or ordering. RELEASABILITY: There are no releasability restrictions on this publication. OPR: AFLOA/JAJM Supersedes: AFMAN 51-203, 17 Nov 09 AFGM17-01, 25 Oct 18 Certified by: AFLOA/CC (Brig Gen Sharon A. Shaffer) Pages: 77 This manual implements the Uniform Code of Military Justice (UCMJ), the Manual for Courts-Martial (MCM), Air FORCE Policy Directive (AFPD) 51-2, Administration of Military Justice, and Air FORCE Instruction (AFI) 51-201, Administration of Military Justice. This is a specialized publication intended for use by Airmen who have graduated from technical training related to this publication. It provides guidance on preparing Records of Trial (ROT), court-martial transcripts, and court reporter duties.

2 It applies to Regular Air FORCE units at all levels and Air FORCE Reserve and Air National Guard units in Title 10 status. Users of this manual must familiarize themselves with the UCMJ, MCM, and all applicable Department of Defense (DoD) directives and instructions. This publication may not be supplemented. Refer recommended changes and questions about this publication to the Office of Primary Responsibility (OPR) using the AF Form 847, Recommendation for Change of Publication, route AF Forms 847 from the field through major command (MAJCOM) functional managers. The authorities to waive wing/unit level requirements in this publication are identified with a Tier ( T-0, T-1, T-2, T-3 ) number, as defined by AFI 33-360, Publications and Forms Management, following the compliance statement, or alternately, to the requestor s commander for non-tiered compliance items.

3 Submit requests for waivers through the chain of command to the appropriate Tier waiver approval authority. This publication requires the collection and or maintenance of information protected by the Privacy Act of 1974 authorized by Title 5 UNITED STATES Code ( ) Section 552a; 10 8013, Secretary of the Air FORCE ; 10 8037, Judge Advocate General, Deputy Judge Advocate General: appointment; duties; 10 854, Record of Trial, 10 865, Disposition of records; and Executive Order 9397, Numbering 2 AFMAN51-203 4 SEPTEMBER 2018 System for Federal Accounts Relating to Individual Persons, as amended. The applicable SORN F051 AF JA I, Military Justice and Magistrate Court Records, is available at Ensure that all records created as a result of processes prescribed in this publication are maintained in accordance with Air FORCE Manual (AFMAN) 33-363, Management of Records, and disposed of in accordance with the Air FORCE Records Disposition Schedule (RDS) in the Air FORCE Records Information Management System (AFRIMS).

4 The use of the name or mark of any specific manufacturer, commercial product, commodity, or service in this publication does not imply endorsement by the Air FORCE . SUMMARY OF CHANGES This document has been substantially revised and must be completely reviewed. Major changes include: 1) reducing the manual from sixteen to fourteen chapters, 2) restructuring it to better delineate between records of trial and court-martial transcripts; 3) moving all Figures embedded within the manual to Attachments at the end of the manual; 4) incorporating the Article 54, UCMJ, mandate to provide records of trial to victims of sex-related offenses; 5) inserting post-trial matters submitted by victims into the record of trial; and 6) adding a requirement to report post-authentication discrepancies or errors noted in a summary court-martial record of trial to the convening authority.

5 This manual also adds a new Chapter 14 that describes the duties and responsibilities of court reporters and provides guidance for submitting a request for court reporter support through the Air FORCE Trial Judiciary. Chapter 1 Overview, Roles, and Responsibilities 7 Purpose.. 7 Roles and Responsibilities.. 7 Chapter 2 Assembling Records of Trial 8 Organization of Record of Trial.. 8 Exhibits.. 8 Marking Exhibits.. 9 Dividing Record into Volumes.. 10 Binding Volumes.. 11 Dividers.. 11 Preparing and Assembling the Article 32 Report .. 11 Chapter 3 Authenticating the Record of Trial 12 Authentication.. 12 Examination by Trial Counsel.. 12 Examination by Defense Counsel .. 12 AFMAN51-203 4 SEPTEMBER 2018 3 Cases Involving Multiple Military Judges or Court Reporters.. 12 Authenticating the ROT Without the Article 32 Preliminary Hearing.

6 12 AF IMT 135, Corrections to Record of Trial.. 12 Correcting Errors.. 12 Certificate of Correction.. 13 Chapter 4 Copying the Record of Trial 14 One-sided Copies.. 14 Double-Sided Original Documents.. 14 Evidence that Should Not be Copied.. 14 Chapter 5 Number of Copies of the Record of Trial 15 Cases Subject to Article 66 Review.. 15 All Other General Courts-Martial and Special Courts-Martial.. 15 Summary Courts-Martial.. 15 Identical Copies Required.. 15 Copy provided to Accused.. 15 Copy provided to Victim(s).. 15 Additional Discretionary Copies.. 16 Chapter 6 Forwarding Records of Trial for Post-Trial Review 17 Cases Reviewed under Article 66.. 17 Cases Reviewed Under Article 69.. 17 Cases Reviewed Under Article 64(a).. 17 Remands.. 17 Shipping ROTs.. 17 Disposition .. 17 Electronic Trial Transcripts.. 17 Chapter 7 Abbreviated Records of Trial for Cases Resulting in Full Acquittal, Not Guilty Only by Reason of Lack of Mental Responsibility, Mistrial, Dismissal of all Charges, or Otherwise Terminated Without Findings 19 ROT Required.

7 19 4 AFMAN51-203 4 SEPTEMBER 2018 Assembly.. 19 Distribution.. 19 Cases Not Arraigned.. 19 Retrial on Dismissed Charges.. 19 Chapter 8 Records of Trial for Summary Courts-Martial 20 DD Form 2329.. 20 Numbering Summary Courts-Martial ROTs.. 20 Authentication.. 20 Number of Copies of the ROT.. 20 Service of ROT.. 20 Convening Authority 21 Forwarding ROT for Post-Trial Review.. 21 Chapter 9 Classified, Controlled Test, Sealed, and Sexually Explicit Materials in the Record of Trial 22 Procedures for Classified Materials.. 22 Procedures for Controlled Test Materials.. 22 Procedures for Sealed Materials.. 23 Procedures for Sexually Explicit Materials.. 24 Chapter 10 Disposition of Evidence Maintained by Legal Offices 25 Exhibits/Evidence Maintained by Legal Offices.. 25 Return of Property.. 25 Contraband.. 25 Conflicting Ownership Claims.

8 25 Chapter 11 Court-Martial Transcripts 26 Verbatim v. Summarized Transcripts.. 26 Required Format.. 26 Oaths to Military Judges, Court Members, Counsel, Court Reports, Interpreters, and Witnesses.. 27 Court-Martial Sessions.. 27 AFMAN51-203 4 SEPTEMBER 2018 5 Reconvening.. 28 Summary Courts-Martial.. 28 Chapter 12 Verbatim Transcripts 29 Generally.. 29 Stricken Portion.. 29 Testimony through an Interpreter.. 29 Non-Response by a Witness.. 29 Non-verbal Responses and Gestures.. 29 Transcribing Quotes into the Record.. 29 Court Reporter Reads the Record.. 29 Video or Audio Recordings.. 29 Other Magnetic or Digital Media.. 30 Instructions.. 30 Insubstantial Omissions.. 30 Chapter 13 Summarized Transcripts 31 Generally.. 31 Article 39(a) Sessions.. 31 Verbatim Portions.. 31 Video or Audio Recordings.. 31 Other Magnetic or Digital Media.

9 31 Summarized Voir Dire.. 31 Miscellaneous Examples for Summarized Transcripts.. 31 Chapter 14 Duties and Responsibilities of the Court Reporter 34 Generally.. 34 Definitions.. 34 Neutrality of the Court Reporter .. 34 Court Reporter Recesses.. 34 Interruption of 34 Recording Administrative Proceedings.. 34 6 AFMAN51-203 4 SEPTEMBER 2018 Recording Other Judicial Proceedings.. 35 Depositions .. 35 Article 32 Preliminary Hearings.. 35 DuBay Hearings.. 35 Contingent Confinement Hearings.. 35 Courts of Inquiry.. 36 Court Reporter Checklist.. 36 Court Reporter Attestation.. 36 Methods of Reporting.. 36 Open Microphone Procedures.. 37 Timeliness Goals.. 38 Court-Martial Exhibits.. 38 Safeguarding Recordings and Evidence.. 38 Retention of Trial Notes or Recordings.. 39 Centralized Court Reporter Management.. 40 Processing a Request for Court Reporter Trial Assistance.

10 41 Processing a Request for Court Reporter Transcription Assistance.. 42 Overtime.. 43 Workload Prioritization.. 43 Judiciary Docketing System (JDS).. 43 Court Reporter Training.. 44 Attachment 1 GLOSSARY OF REFERENCES AND SUPPORTING INFORMATION 45 Attachment 2 RECORD OF TRIAL ASSEMBLY GUIDES AND TEMPLATES 48 Attachment 3 TEMPLATES AND SAMPLE LANGUAGE FOR TRANSCRIPTS 69 Attachment 4 TEMPLATES FOR ADMINISTRATION OF THE COURT REPORTER PROGRAM 74 AFMAN51-203 4 SEPTEMBER 2018 7 Chapter 1 OVERVIEW, ROLES, AND RESPONSIBILITIES Purpose. Article 54 of the Uniform Code of Military Justice (UCMJ) requires that a record of trial (ROT) be prepared in each general, special, and summary court-martial. This manual establishes Air FORCE -wide procedures for the preparation and assembly of ROTs. Standardization ensures ROTs meet basic legal requirements while adequately preserving the court-martial proceedings for appellate review.


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