Summary of the Process

A summary of the process:
summary of the process

Trial counsel (TC) coordinates with unit before trial to coordinate transportation to confinement facility.

  • Sentence is announced and the court is adjourned.
  • Trial counsel prepares report of result of trial, confinement order.
  • Request for deferment of confinement, if any.
  • Request for deferment of reduction, if any.
  • Request for deferment and/or waiver of forfeitures, if any.
  • Exhibits accounted for and reproduced.
  • Post-trial sessions, if any.
  • Record of trial (ROT) created, reproduced.
  •  Trial counsel / defense counsel (DC) review ROT for errata.
  • Military judge (MJ) authenticates ROT (or substitute authentication if required).
  • Staff Judge Advocate (SJA) signs the Staff Judge Advocate’s Recommendation (SJAR).
  • SJAR and authenticated ROT served on accused / DC. N. Accused / DC submits clemency petition (RCM 1105 matters) and response to SJAR (RCM 1106 matters) – often done simultaneously.
  • SJA signs addendum. P. Addendum served on DC and accused if contains “new matter.”
  • CA considers DC / accused submissions, takes initial action.
  • Promulgating order signed.
  • Record reproduced and mailed.
  • Appellate review.
  • Final action.