Record of trial

(a) 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. (b) Contents. The summary court-martial shall prepare a written record of trial, which shall include: (1) The pleas, findings, and sentence, and if the accused was represented by counsel at the summary court-martial, a notation to that effect; (2) The fact that the accused was advised of the matters set forth in R.C.M. 1304(b)(1); (3) If the summary court-martial is the convening authority, a notation to that effect. (c) 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. (d) Forwarding copies of the record. (1) Accused’s copy. (A) 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. (B) 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 the accused was service was accomplished. If represented by counsel, such counsel may be served with the record of trial. (C) Classified classified information is included in the record of trial of a information. If summary court-martial, R.C.M. 1112(e)(3)(A) shall apply. (2) 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. (3) 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. (e) Loss of record; defective record; correction of record. (1) 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. (2) 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. (3) 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.