Opening session

(a) Call to order. A court-martial is in session when the military judge so declares. (b) Announcement of parties. After the court-martial is called to order, the presence or absence of the parties, military judge, and members shall be announced. (c) Swearing reporter and interpreter. After the personnel have been accounted for as required in subsection (b) of this rule, trial counsel shall announce whether the reporter and interpreter, if any is present, have been properly sworn. If not sworn, the reporter and interpreter, if any, shall be sworn. (d) Counsel. (1) Trial counsel. Trial counsel shall announce the legal qualifications and status as to oaths of the members of the prosecution and whether any member of the prosecution has acted in any manner which might tend to disqualify that counsel. (2) Defense counsel. (A) In general. The detailed defense counsel shall announce the legal qualifications and status as to oaths of the detailed members of the defense and whether any member of the defense has acted in any manner that might tend to disqualify that counsel. Any defense counsel not detailed shall state that counsel’s legal qualifications and whether that counsel has acted in any manner that might tend to disqualify the counsel. (B) Capital cases. A defense counsel who has been detailed to a capital case as a counsel learned in the law applicable to such cases shall, in addition to the requirements of subparagraph (A), state such qualifications and assignment. (3) Disqualification. If it appears that any counsel may be disqualified, the military judge shall decide the matter and take appropriate action. (4) Inquiry. The military judge shall, in open session: (A) Inform the accused of the rights to be represented by military counsel detailed to the defense; or by individual military counsel requested by the accused, if such military counsel is reasonably available; and by civilian counsel, either alone or in association with military counsel, if such civilian counsel is provided at no expense to the United States; (B) Inform the accused that, if afforded individual military counsel, the accused may request retention of detailed counsel as associate counsel, which request may be granted or denied in the sole discretion of the authority who detailed the counsel; (C) Ascertain from the accused whether the accused understands these rights; (D) Promptly inquire, whenever two or more accused in a joint or common trial are represented by the same detailed or individual military or civilian counsel, or by civilian counsel who are associated in the practice of law, with respect to such joint representation and shall personally advise each accused of the right to effective assistance of counsel, including separate representation. Unless it appears that there is good cause to believe no conflict of interest is likely to arise, the military judge shall take appropriate measures to protect each accused’s right to counsel; and (E) Ascertain from the accused by whom the accused chooses to be represented. (5) Unsworn counsel. The military judge shall administer the oath to any counsel not sworn. (e) Presence of members. The procedures described in R.C.M. 901 through 910 shall be conducted without members present in accordance with the procedures set forth in R.C.M. 803.