What to do if the Authenticated ROT is Lost? Produce a new ROT for Authentication
Wondering what to do if the authenticated ROT is lost? (in post-trial processes)
- United States v. Garcia , 37 M.J. 621 (A.C.M.R. 1993). Holding that SJA-preparedcertification that all allied documents were true copies of originals was sufficient substitute for original documents.
- United States v. Godbee , 67 M.J. 532 (N-M. Ct. Crim. App. 2008). The originalROT was lost. The copy of the ROT submitted for appellate review was internally consistent and contained all numbered pages and exhibits. The ROT also contained a copy of the authentication page signed by the military judge. As a result, the NMCCA applies a presumption of regularity to its creation, authentication, and distribution. Harmless error.
Rules for correcting an authenticated ROT. Certificate of correction process. Correction tomake the ROT conform to the actual proceedings. RCM 1104(d).
The authenticated ROT will be forwarded to the CA for action or referred to the SJA for arecommendation before such action. SJA recommendation required prior to taking action in a GCM or SPCM in which a punitive discharge or confinement for one year was adjudged. RCM 1106(a).
If defense time for errata is unreasonable, MJ can authenticate without errata. RCM1103(i)(1)(B).