Post-trial motions and proceedings

(a) Post-trial Article 39(a) sessions. (1) In general. Upon motion of either party or sua sponte, the military judge may direct a post-trial Article 39(a) session at any time before the entry of judgment under R.C.M. 1111 and, when necessary, after a case has been returned to the military judge by a higher court. Counsel for the accused shall be present in accordance with R.C.M. 804 and R.C.M. 805. (2) Purpose. The purpose of post-trial Article 39(a) sessions is to inquire into, and, when appropriate, to resolve any matter that substantially affects the legal sufficiency of any findings of guilty or the sentence. that arises after trial (3) Scope. A military judge at a post-trial Article 39(a) session may reconsider any trial ruling that substantially affects the legal sufficiency of any findings of guilty or the sentence. Prior to entering such a finding or findings, the military judge shall give each party an opportunity to be heard on the matter in a post- trial Article 39(a) session. The military judge may sua sponte, at any time prior to the entry of judgment, take one or both of the following actions: (i) enter a finding of not guilty of one or more offenses charged; or (ii) enter a finding of not guilty of a part of a specification as long as a lesser offense charged is alleged in the remaining portion of the specification. (b) Post-trial motions. (1) Matters. Post-trial motions may be filed by either party or when directed by the military judge to address such matters as— (A) An allegation of error in the acceptance of a plea of guilty; (B) A motion to set aside one or more findings because the evidence is legally insufficient; (C) A motion to correct a computational, technical, or other clear error in the sentence; (D) An allegation of error in the Statement of Trial Results; (E) An allegation of error in the post-trial processing of the court-martial; and (F) An allegation of error in the convening authority’s action under R.C.M. 1109 or 1110. (2) Timing. (A) Except as provided in subparagraphs (B) and (C), post-trial motions shall be filed not later than 14 days after defense counsel receives the Statement of Trial Results. The military judge may extend the time to submit such matters by not more than an additional 30 days for good cause. (B) A motion to correct an error in the action of the convening authority shall be filed within five days after the party receives the convening authority’s action. If any post-trial action by the convening II-103 authority is incomplete, irregular, or contains error, the military judge shall— (i) return the action to the convening authority for correction; or (ii) with the agreement of all parties, correct the action of the convening authority in the entry of judgment. (C) A motion to correct a clerical or computational error in a judgment entered by the military judge shall be made within five days after a party is provided a copy of the judgment. (c) Matters not subject to post-trial sessions. A post- trial session may not be directed: (1) For reconsideration of a finding of not guilty of any specification, or a ruling which amounts to a finding of not guilty; (2) For reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some article of the code; or (3) For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory. (d) Procedure. (1) Personnel. The requirements of R.C.M. 505 and 805 shall apply at post-trial sessions except that, for good cause, a different military judge may be detailed, subject to R.C.M. 502(c) and 902. (2) Record. All post-trial sessions shall be held in open session. The record of the post-trial sessions shall be prepared, certified, and provided in accordance with R.C.M. 1112 and shall be included in the record of the prior proceedings. (e) Notice to Victims. A victim must be notified of any post-trial motion, filing, or hearing that may address: (1) the findings or sentence of a court-martial with respect to the accused; (2) the unsealing of privileged or private information of a victim; or (3) any action resulting in the release of an accused.