APPENDIX A: MODEL TRIAL MANAGEMENT ORDER (TMO)

COAST GUARD TRIAL JUDICIARY 

____________ JUDICIAL CIRCUIT

SPECIAL/GENERAL COURT-MARTIAL

U N I T E D S T A T E S

v.

NAME

RANK/RATE USCG

TRIAL MANAGEMENT ORDER

DD MM YY

1. Trial Dates and Milestones. The following are due on or before 1700 on the ordered date:

 a. Arraignment (and appointment of victim’s designee if applicable) DD MMM YYi

 b. Defense request for discovery DD MMM YY

 c. Government disclosure obligationsii DD MMM YY

d. Government initial notice of expected use of expert testimony DD MMM YY

e. Defense reciprocal disclosure obligationsiii DD MMM YY 

 f. Defense expert consultant request DD MMM YY

 g. Government response to Defense expert consultant request DD MMM YY

 h. Government notices pursuant to M.R.E. 404(b), 413(b), 414(b) DD MMM YY

 i. Defense witness requestiv DD MMM YY

 j. Government response to Defense witness request DD MMM YY

 k. Motions filed and notice pursuant to M.R.E. 412/513v* DD MMM YY

 l. Responses to motions* DD MMM YY

 m. Article 39(a) DD MMM YY

 n. Written notice of certain defensesvi DD MMM YY

 o. Motions filed (second session, if necessary)* DD MMM YY

 p. Responses to motions (second session, if necessary)* DD MMM YY

 q. Article 39(a) (second session, if necessary) DD MMM YY
 r. Written notice of pleas and forumvii* DD MMM YY

 s. Final pretrial mattersviii* DD MMM YY

 t. Trial Dates at ______________________ DD-DD MM YY

2. Timeliness. A party must shall seek leave of court to make a notice or filing after the ordered 

milestone or the written pleading shall include an explanation for good cause. If a continuance is 

necessary, counsel will seek relief as soon as possible.

3. Expert Witnesses. Once approved or ordered by the Court, expert witnesses shall be contracted 

within 21 calendar days of Convening Authority approval. Requests for additional time must be filed as a 

Motion for a Continuance and include an affidavit or testimony from a relevant contracting official

regarding the cause of the delay.

So ORDERED this____ day of________________, 20__.

 __________________________

Military Judge

*Filed with the Clerk of Court and served on counsel consistent with the CG CTJ Rules of Practice. Trial counsel is 

responsible for service upon named victims in the absence of a victims’ legal counsel where such service is 

necessary.

i All times are ________ standard time.

ii Discovery obligations are continuous. R.C.M. 701 & 703 disclosures: papers accompanying the referred charges; 

convening and amending orders; statements in the possession of the trial counsel; names and addresses/contact 

information of witnesses the trial counsel intends to call in the prosecution’s case-in-chief and to rebut certain 

defenses when notified; notice of records of prior convictions of the accused to be offered on the merits; sentencing 

information when required; and evidence that is favorable to the defense; notice of any immunity or leniency to 

prosecution witnesses (M.R.E. 301(c)(2)). Disclosure of evidence seized from or the property of the accused, if any 

(M.R.E. 311(d)(1)). Disclosure of evidence of prior identification of the accused, if any (M.R.E. 321(c)(1)). 

Disclosure of relevant statements made by the accused, if any, is required prior to arraignment (M.R.E. 304(d)(1)).

iii Discovery obligations are continuous. Upon request of trial counsel, the defense shall permit the trial counsel to inspect 

the documents, tangible objects and relevant reports prepared by expert witnesses that it intends to introduce as evidence 

in its case in chief or of relevant reports prepared by expert witnesses the defense intends to call at trial upon Government 

compliance with such requests made by the defense. (R.C.M. 701 (b)(3)&(4)).

iv A proper witness request includes a synopsis of expected testimony sufficient to show its relevance and necessity 

on the merits or that a witness’ personal appearance is necessary on sentencing. (R.C.M. 703(c)(2)(B)).

v Counsel should strive to litigate all ripe motions at the first motions date, including those required for M.R.E. 412, 

M.R.E. 513, allegations of errors in the Article 32, preferral and referral process, appointment of expert consultants,

intent to request a Daubert or similar hearing, witness production, and discovery.

vi Particulars of defenses of alibi, innocent ingestion, lack of mental responsibility, or the defense’s intent to 

introduce expert testimony as to the accused’s mental condition. (R.C.M. 701(b)(2)). 

viiNote that forum selections of judge alone or members with enlisted representation must be personally signed by 

the accused or declared on the record.

 
 

viii Member questionnaires, requests for judicial notice, voir dire, combined witness list with units, proposed 

instructions, cleansed charge sheet, findings and sentencing worksheets, and any motions for preadmission of 

evidence. Notice will be provided to the Court and opposing counsel when a party intends the use of electronic 

media or to take testimony by telephone or video-conferencing.