Trial procedure

(a) Pretrial duties. (1) Examination of file. The summary court-martial shall carefully examine the charge sheet, allied papers, and immediately available personnel records of the accused before trial. (2) Report of irregularity. The summary court- martial shall report to the convening authority any substantial irregularity in the charge sheet, allied papers, or personnel records. (3) Correction and amendment. The summary court- martial may, subject to R.C.M. 603, correct errors on the charge sheet and amend charges and specifications. Any such corrections or amendments shall be initialed. (4) Rights of victims at summary courts-martial. Pursuant to Article 6b, a victim at summary court- martial is entitled to the following rights: (A) To be reasonably protected from the accused; (B) To reasonable, accurate, and timely notice of the summary court-martial; (C) To not be excluded from the summary court- martial unless the summary court-martial officer, after receiving clear and convincing evidence, determines that testimony by the victim of an offense under this chapter would be materially altered if the victim heard other testimony at the summary court-martial; (D) To be reasonably heard during sentencing in accordance with R.C.M. 1001(c); and (E) The reasonable right to confer with the representative of the command and counsel for the government, if any. (b) Summary court-martial procedure. (1) Preliminary proceeding. After complying with R.C.M. 1304(a), the summary court-martial shall hold a preliminary proceeding during which the accused shall be given a copy of the charge sheet and informed of the following: (A) The general nature of the charges; (B) The fact that the charges have been referred to a summary court-martial for trial and the date of referral; (C) The identity of the convening authority; (D) The name(s) of the accuser(s); (E) The names of the witnesses who could be called to testify and any documents or physical evidence which the summary court-martial expects to introduce into evidence; (F) The accused’s right to inspect the allied papers and immediately available personnel records; (G) That during the trial the summary court- martial will not consider any matters, including statements previously made by the accused to the officer detailed as summary court-martial unless admitted in accordance with the Military Rules of Evidence; (H) The accused’s right to plead not guilty or guilty; (I) The accused’s right to cross-examine witnesses and have the summary court-martial cross-examine witnesses on behalf of the accused; (J) The accused’s right to call witnesses and produce evidence with the assistance of the summary court-martial as necessary; (K) The accused’s right to testify on the merits, or to remain silent with the assurance that no adverse inference will be drawn by the summary court-martial from such silence; (L) If any findings of guilty are announced, the accused’s rights to remain silent, to make an unsworn II-131 statement, oral or written or both, and to testify, and to introduce evidence in extenuation or mitigation; (M) The maximum sentence which the summary court-martial may adjudge if the accused is found guilty of the offense or offenses alleged; and any plea at any time before findings are announced. The accused may change pleas from guilty to not guilty after findings are announced only for good cause. (E) Presentation of evidence. (i) The Military Rules of Evidence (Part III) (N) The accused’s right to object to trial by apply to summary courts-martial. summary court-martial. (2) Trial proceeding. (A) Objection to trial. The summary court-martial shall give the accused a reasonable period of time to decide whether to object to trial by summary court- martial. The summary court-martial shall thereafter record the response. If the accused objects to trial by summary court-martial, the summary court-martial shall return the charge sheet, allied papers, and personnel records to the convening authority. If the accused fails to object to trial by summary court- martial, trial shall proceed. (B) Arraignment. After complying with R.C.M. 1304(b)(1) and (2)(A), the summary court-martial shall read and show the charges and specifications to the accused and, if necessary, explain them. The accused may waive the reading of the charges. The summary court-martial shall then ask the accused to plead to each specification and charge. (C) Motions. Before receiving pleas the summary court-martial shall allow the accused to make motions to dismiss or for other relief. The summary court- martial shall take action on behalf of the accused, if requested by the accused, or if it appears necessary in the interests of justice. (D) Pleas. (i) Not guilty pleas. When a not guilty plea is entered, the summary court-martial shall proceed to trial. (ii) Guilty pleas. If the accused pleads guilty to any offense, the summary court-martial shall comply with R.C.M. 910. (iii) Rejected guilty pleas. If the summary court- martial is in doubt that the accused’s pleas of guilty are voluntarily and understandingly made, or if at any time during the trial any matter inconsistent with pleas of guilty arises, which inconsistency cannot be resolved, the summary court-martial shall enter not guilty pleas as to the affected charges and specifications. (iv) No plea. If the accused refuses to plead, the summary court-martial shall enter not guilty pleas. (v) Changed pleas. The accused may change II-132 (ii) The summary court-martial shall arrange for the the attendance of necessary witnesses for prosecution and defense, including those requested by the accused. (iii) Witnesses for the prosecution shall be called first and examined under oath. The accused shall be permitted to cross-examine these witnesses. The summary court-martial shall aid the accused in cross- examination if such assistance is requested or appears necessary in the interests of justice. The witnesses for the accused shall then be called and similarly examined under oath. (iv) The summary court-martial shall obtain evidence which tends to disprove the accused’s guilt or establishes extenuating circumstances. (F) Findings and sentence. (i) The summary court-martial shall apply the principles in R.C.M. 918 in determining the findings. The summary court-martial shall announce the findings to the accused in open session. (ii) The summary court-martial shall follow the procedures in R.C.M. 1001 and 1002 and apply the principles in determining a sentence, except as follows: the remainder of Chapter X in (I) If an accused is found guilty of more than one offense, a summary court-martial shall determine the appropriate confinement and fine, if any, for all offenses of which the accused was found guilty. The summary court-martial shall not determine or announce separate terms of confinement or fines for each offense; and (II) The summary court-martial shall announce the sentence to the accused in open session. (iii) If the sentence includes confinement, the summary court-martial shall advise the accused of the right to apply to the convening authority for deferment of the service of the confinement. (iv) If the accused is found guilty, the summary court-martial shall advise the accused of the rights under R.C.M. 1306(a) and (h) and R.C.M. 1307(h) after the sentence is announced. (v) The summary court-martial shall, as soon as practicable, inform the convening authority of the findings, sentence, recommendations, if any, for suspension of the sentence, and any deferment request. (vi) If the sentence includes confinement, the summary court-martial shall cause the delivery of the accused to the accused’s commanding officer or the commanding officer’s designee.