RULES OF PRACTICE 

BEFORE 

COAST GUARD COURTS-MARTIAL 

(REVISED AUGUST 2022)
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PREAMBLE

The Rules of Practice before Coast Guard Courts-Martial (Rules of Practice) supplement the 

Rules for Courts-Martial (R.C.M.) and, together with the R.C.M., govern trials by courts-martial 

in the United States Coast Guard. They are effective upon approval by the Chief Trial Judge and 

supersede all rules previously published as Rules of Practice before Coast Guard Courts-Martial. 

Adherence to these Rules will promote an orderly, expeditious, and just disposition of courtmartial cases, and provide for more efficient application of judicial and legal resources. Counsel, 

as officers of the court, are ethically obligated and expected to be familiar with and follow these 

rules, as well as Coast Guard Legal Professional Responsibility Program, COMDTINST 

M5800.1 (series) and current American Bar Association Standards for Criminal Justice, to the 

extent that the latter apply at courts-martial.

These rules are intended to facilitate the orderly administration of military justice. The purpose 

of military law–and these Rules–is to promote justice, to assist in maintaining good order and 

discipline in the armed forces, to promote efficiency and effectiveness in the military

establishment, and thereby to strengthen the national security of the United States. They are 

promulgated under R.C.M. 108, R.C.M. 801(b), and Section H of Chapter 26, Military Justice 

Manual (MJM), COMDTINST M5810.1(series). A military judge may modify, amend, revoke, 

or set aside any Rule of Practice only with the approval of the Chief Trial Judge (CTJ). 

T. R. Fowles

Captain, U.S. Coast Guard

Chief Trial Judge
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Rules of Practice in Coast Guard Courts-Martial

Summary of Changes (3 August 2022 edition)

While this summary of changes to the Rules of Practice is meant to assist practitioners in 

identifying the most important changes to those Rules, all practitioners are strongly encouraged to review 

the entirety of the Rules to ‘refresh your recollection’ of our standard operating procedures in Coast 

Guard courts-martial.

The following portions of the Rules of Practice underwent significant revision:

 Rule 1.3. All signatures must either be signed by hand or by a full Common Access Card (CAC) 

generated digital signature. 

 Section II and Rule 2. Procedures for the use of PII was moved to the top of the rules to emphasize 

the importance of protecting and minimizing the use of PII. As a result, many of the previous rules 

are now renumbered. 

 Rule 4.4. Contains the link to the new SharePoint site for docketing cases. 

 Rule 4.5 and Appendix A. Contains a revised and shortened version of the Trial Management Order 

(TMO). Any deadlines previously prescribed by the TMO that were removed are now contained 

within the Rules of Practice or will be set by the military judge.

 Rule 5.1.1. Requires stipulations of fact in guilty plea cases to be submitted to the military judge no 

later than fourteen days before trial.

 Rule 5.1.6. Requires witness lists be submitted seven days prior to a 39(a) session or trial. 

 Rule 5.1.8. Requires trial documents be submitted 14 days before trial. This includes amended 

convening orders, seating chart, flyer, and draft findings and sentencing worksheets.

 Rule 7.4. Any pleading that requests an Order must be accompanied by a proposed Order from the 

moving party. 

 Rule 7.5. Pleadings and exhibits must be filed as separate appellate exhibits. For example, if a 

motion is marked as AE X, any exhibits or evidence submitted in support of the motion will be 

marked as AE XI. The response will be marked as AE XII. Any exhibits or evidence in support of 

the response will be marked as AE XIII. All video and audio recordings submitted as evidence on a 

motion must be accompanied by a verbatim transcript of, at a minimum, the portions of the 

recordings that are pertinent to the motion.

 Rule 7.9. Motions to reconsider must be filed within fourteen calendar days and based upon either a 

change to the law, new evidence, or to correct a clear error or prevent a manifest injustice. 

 Rule 7.11. Trial counsel must file any Bill of Particulars with the court as an AE. 

 Rule 13.2. Proposed individual voir dire questions must be provided to the military judge fourteen

days prior to trial.

 Rule 13.3. Member questionnaires must be provided to the military judge and defense counsel 

fourteen days prior to trial.

 Rule 20.2. Formalizes the process being used by SVC and non-party counsel to object during trial. 

 Rule 23. Requests for specialized instructions must be submitted fourteen days prior to trial. 

 Rule 29.3. Added in consultation with CG-LMJ and requires trial counsel to review the ROT and 

transcript prior to submission to the military judge for verification. 

 Rule 34.1. Requires that during remote hearings, the accused be physically present with at least one 

defense counsel.
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Table of Contents

Section I. General Provisions.............................................................................................................................6

Section II. Personally Identifiable Information (PII) .....................................................................................6

Rule 2: Procedures governing the use of PII................................................................................................6

Section III. Search Authorization Requests and Pre-referral Judicial Proceedings ....................................7

Rule 3: Procedures..........................................................................................................................................7

Section IV. Docketing Procedures and Continuances .....................................................................................8

Section V. Pretrial Practice and Notice Requirements..................................................................................10

Rule 5.2: Defense Counsel Requirements..................................................................................................11

Rule 5.3: Special Victim Counsel and Other Non-Party Counsel. ..........................................................13

Rule 6: Appointment of a Designee for Certain Alleged Victims. ...........................................................15

Rule 7: Motions/Bill of Particulars..............................................................................................................15

Rule 8: Pretrial sessions. .............................................................................................................................17

Section V. Decorum and Conduct ...................................................................................................................18

Rule 9 Decorum. ..........................................................................................................................................18

Rule 9.4: Spectators.....................................................................................................................................19

Rule 10: Courtroom Attire. ........................................................................................................................20

Section VI. Trial Procedure ............................................................................................................................21

Rule 11: Pleas...............................................................................................................................................21

Rule 12: Stipulations. ..................................................................................................................................21

Rule 13: Voir Dire........................................................................................................................................22

Rule 14: Opening Statements. ....................................................................................................................22

Rule 15: Judicial Notice................................................................................................................................22

Rule 16: Trial Exhibits................................................................................................................................22

Rule 17: Witnesses.......................................................................................................................................24

Rule 18: Counsel Decorum .........................................................................................................................25

Rule 19: Court Reporters............................................................................................................................25

Rule 20: Objections. ....................................................................................................................................26

Rule 21: Closing Arguments. ......................................................................................................................26

Rule 22: Rebuttal Arguments.....................................................................................................................26
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Rule 23: Instructions. ..................................................................................................................................27

Rule 24: Findings and Sentence Worksheets.............................................................................................27

Rule 25: Restraint of the Accused and Witnesses.....................................................................................27

Rule 26: Withdrawal by Counsel. ..............................................................................................................28

Section VII. Post-Trial Matters. ......................................................................................................................28

Rule 27: Post-trial and Appellate Rights. ..................................................................................................28

Rule 28: Statement of Trial Results. ...........................................................................................................29

Rule 29: Records of Trial............................................................................................................................29

Section VIII. Supporting Trial Personnel.......................................................................................................30

Rule 30: Bailiff. ............................................................................................................................................30

Rule 31: Guards...........................................................................................................................................30

Rule 32: Courtroom Security. ....................................................................................................................30

Section IX. Miscellaneous.................................................................................................................................31

Rule 33: Remote Requirements...................................................................................................................31

Rule 34: Contempt Proceedings..................................................................................................................32

Section X. Effective Date ..................................................................................................................................32
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RULES OF PRACTICE

Section I. General Provisions

Rule 1.1: Applicability. These Rules apply to all counsel practicing before Coast Guard courtsmartial, including accused who choose to proceed pro se pursuant to R.C.M. 506(d). If any Rule

herein conflicts with Coast Guard regulations, case law, the Manual for Courts-Martial (MCM), 

the UCMJ, or the United States Constitution, then that Rule must be read in accordance with the 

law.

Rule 1.2: Non-Compliance. All participants to the court-martial must comply with these Rules. 

In the case of noncompliance with these Rules or an order from the Court, a military judge may, 

as appropriate, issue an admonishment on the record, issue appropriate court orders, issue a 

report to a military counsel's commanding officer, officer-in-charge, or supervisory counsel, or 

forward information about the matter to a civilian or military counsel's licensing bar. In addition, 

the court may forward a complaint for processing in accordance with R.C.M. 109, proceed with 

action for contempt under R.C.M. 809 and Article 48 of the Uniform Code of Military Justice 

(UCMJ), or fashion other appropriate remedies.

Rule 1.3: Signatures. Documents requiring signatures under these Rules or any other provision 

of law may only be signed by hand or by a full CAC generated digital signature.

Rule 1.4: Duty Day/Hours. Regular court hours will run from 0830 to 1700, Monday through 

Friday. Military judges may, after consultation with the parties, alter the hours as needed to 

ensure the fair and expeditious processing of court proceedings and the interests of justice. If a 

day extends past 1930, the military judge must notify the CTJ at the earliest possible opportunity.

Section II. Personally Identifiable Information (PII)

Rule 2: Procedures governing the use of PII.

Rule 2.1: Limiting Usage. The use of PII must be eliminated or minimized to the maximum 

extent possible.

Rule 2.2: Redactions. Unnecessary PII must be redacted in all documents (e.g., pleadings and 

discovery material) that are electronically transmitted. At a minimum, social security numbers, 

home addresses, telephone numbers, e-mail addresses, dates of birth, financial account numbers, 

and names of minors shall be redacted. Medical or psychiatric records must be uploaded directly 

to the case file OneDrive folder, sent by encrypted e-mail or through a secured access file 

exchange.
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Rule 2.3: Use of names versus initials. While names of witnesses and alleged victims will be 

used during the course of the trial, all named victims will be identified by their initials on charge 

sheets and in pleadings, and all witnesses will be identified by their initials in pleadings.

Rule 2.4: PII guidance. All Coast Guard personnel shall comply witgh Department of 

Homeland Security Handbook on Safeguarding PII and the Coast Guard’s Privacy Incident 

Response, Notification, and Reporting Procedures for Personally Identifiable Information, 

Commandant Instruction 5260.5. 

Section III. Search Authorization Requests and Pre-referral Judicial 

Proceedings

Rule 3: Procedures. 

The following procedures apply to requests to a military judge for a search authorization under 

Military Rule of Evidence (M.R.E.) 315 or requests authorized by Article 30a, UCMJ, and 

matters referred by an appellate court prior to referral of charges and specifications to a courtmartial. These procedures do not apply to requests for search authorizations made to 

Commanders under M.R.E. 315(d)(1). 

Rule 3.1: Requests for Search Authorizations. Requests for a search authorization pursuant to 

M.R.E. 315 shall comply with the procedures contained in Chapter 27 of the MJM, 

COMDTINST M5810.1(series).

Rule 3.2: Identifying a Military Judge to Consider Search Authorization Requests. 

Counsel will identify military judges using the Search Authorization Call Roster maintained on 

the Trial Docket Sharepoint site at: Trial Docket - Documents - All Documents (sharepointmil.us). 

Government counsel shall not assume a military judge is unable to hear a request for a search 

authorization due to a conflict. Any determination regarding a potential conflict will be made by 

the military judge.

Rule 3.3: Requests for Pre-referral Subpoenas, Orders, Warrants. Requests for a 

proceeding conducted before referral under Article 30a, UCMJ must be submitted via e-mail to 

the Chief Trial Judge and the Chief Circuit Judge (see Rule 4.2) with docketing responsibility 

over the General Court-Martial jurisdiction to which the government counsel is located. The 

request will only include the name and duty station of the subject.

Once a military judge or military magistrate is detailed or designated to preside over a request, 

government counsel will ensure any requests comply with the procedures outlined in Chapter 7 

of the MJM. The military judge or military magistrate may request additional information from 
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the government counsel, if necessary. Any such request and response must be documented as 

part of the record of the proceedings. 

Military judges and military magistrates must act on such requests expeditiously, normally 

within three (3) duty days of receipt. If necessary, the military judge or government counsel 

may request the Chief Trial Judge or Chief Circuit Judge transfer the request to another 

military judge.

Rule 3.4: Requests for Relief from Investigative Subpoenas and Other Process. An 

individual in receipt of a pre-referral subpoena, order, or warrant may move the military judge to 

modify or quash the process on the grounds that compliance is unreasonable, oppressive, or 

prohibited by law. Requests for relief from investigative subpoenas and other process, and 

responses thereto, must be served on government counsel, the Chief Circuit Judge of the circuit 

that issued the process, and the Chief Trial Judge. 

Rule 3.5: Proceedings and Records. Proceedings related to requests for investigative 

subpoenas and warrants/orders for wire or electronic communications will ordinarily be 

conducted by the military judge ex parte and in camera, without a hearing. Counsel for the 

Government must be involved in all communications and is responsible for maintaining all 

applications and resulting orders and forwarding them to the appropriate convening authority. In 

rare circumstances, the military judge may, within his or her discretion, hold a hearing related to 

requests for investigative subpoenas and warrants/orders for wire or electronic communications.

Hearings shall be conducted in accordance with the procedures generally applicable to 

sessions conducted under Article 39(a) and R.C.M. 803 (see R.C.M. 309(d)). The military 

judge or military magistrate will determine which parties and other interested persons/entities 

are either entitled to attend and be heard at the hearing or otherwise should be given the 

opportunity to attend and be heard at the hearing. The military judge or military magistrate 

will give reasonable notice of the time, date, and location of the hearing to those parties and 

other interested persons/entities prior to conducting the hearing. The military judge or 

military magistrate may rely upon the trial counsel to provide the required notice. The record 

of proceedings when a hearing is conducted will consist of a substantially verbatim recording 

of the hearing, along with any documents considered or issued by the military judge or 

military magistrate, and any other documents the military judge or military magistrate 

attaches to the proceeding. Documents that are part of the proceeding will be marked as 

“enclosures” and numbered consecutively with Arabic numbers.

Section IV. Docketing Procedures and Continuances

Rule 4: Docketing. The Chief Trial Judge maintains overall responsibility for the docketing of 

courts-martial and the detailing of military judges. 
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Rule 4.1: Judicial Circuits. Judicial circuits are the geographic areas of responsibility for the 

trial judiciary. The Eastern Circuit geographic area of responsibility shall generally correspond 

with the composition of Atlantic Area as defined in article 1-5-2-A of Coast Guard Regulations 

1992, COMDTINST M5800.3B. The Western Circuit geographic area of responsibility shall 

generally correspond with the composition of Pacific Area as defined in article 1-5-2-B of Coast 

Guard Regulations 1992, COMDTINST M5800.3B. The alignment of Coast Guard Judicial 

Circuits shall in no way affect the jurisdiction of any court-martial, and neither creates nor serves 

as the basis for the assertion of any substantive right by the government or by an accused.

Rule 4.2: Chief Circuit Judge. The Chief Circuit Judge is the General Court-Martial judge 

permanently assigned to the principal office of that circuit. The Chief Circuit Judge serves as the 

alternate docketing judge for their assigned circuit and may docket courts-martial within their 

circuit and may detail any qualified Coast Guard military judge to a proceeding to be held within 

their circuit. The Chief Circuit Judge shall assist the Chief Trial Judge as required. Chief Circuit 

Judges are not authorized to promulgate local Rules of Court.

Rule 4.3: Detailing of Military Judges. The Chief Trial Judge retains the right of first refusal 

to detail himself or herself to any case. If the Chief Trial Judge does not detail himself or herself 

to a case, then the Chief Circuit Judge shall detail a military judge to preside over a court-martial 

convened within that circuit. 

Rule 4.4: Electronic Docketing Request. The trial counsel shall submit an electronic 

docketing request using the “Docket Request” tool located on the Trial Docket SharePoint site at: 

Trial Docket - Trial Docket - All Items (sharepoint-mil.us). 

Upon submission of the docketing request, trial counsel shall promptly provide a copy by 

email of the referred charges, and all convening orders and amendments, to any detailed 

defense counsel or civilian defense counsel representing the accused. If a Special Victims’

Counsel (SVC) is detailed to represent an alleged victim named on the charge sheet, the trial 

counsel shall promptly forward an electronic copy of the docketing request to SVC.

Rule 4.5: Trial Management Orders. Military judges presiding over arraignments shall use 

the standard TMO located in Appendix A on the Trial Docket SharePoint site at: Trial Docket 

- Documents - All Documents (sharepoint-mil.us) . 

Rule 4.6: Notice of Classified Information. When charges are referred, or as soon thereafter as 

known, trial counsel will notify the military judge and defense counsel if the case involves 

classified information.

Rule 4.7: Requests for Continuances. Motions for continuance must be in writing, unless the 

military judge states otherwise. The motion must include: 
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1. The current dates of trial and/or other sessions;

2. A statement of the specific facts supporting the requested continuance;

3. The number of times the case was previously continued;

4. A certification that the moving party conferred, or attempted in good faith to confer, 

with the opposing party before filing the motion;

5. A statement of whether the motion is opposed; and,

6. Proposed new dates of trial and/or other sessions.

Opposing counsel will provide a written response within 48 hours of receipt of the motion, 

unless the military judge states otherwise. The military judge may act on the motion without an 

Article 39(a) session or R.C.M. 802 conference. The military judge has sole responsibility to set 

or change trial dates. Only the military judge may grant a continuance. Requests for 

continuance are not granted until affirmatively acted upon by the military judge.

Section V. Pretrial Practice and Notice Requirements

Rule 5.1.1: Plea Agreements and Pretrial Agreements. When the convening authority 

accepts an accused’s offer to plead guilty pursuant to a plea agreement or pretrial agreement, the 

trial counsel must immediately provide a signed copy of the agreement to the military judge. If 

the agreement includes a stipulation of fact, it must also be provided to the military judge

(including all enclosures) as soon as completed, but no later than fourteen (14) days before trial.

Rule 5.1.2: Notice of Offers to Plead Guilty and Requests for Discharge/Resignation in 

Lieu of Trial by Court-Martial. To facilitate docket management and trial preparation after 

referral of charges, trial counsel must immediately notify the military judge when an offer to 

plead guilty or a request for discharge/resignation in lieu of court-martial is submitted. 

Rule 5.1.3: Withdrawal or Dismissal. The trial counsel must immediately notify the military 

judge and defense counsel when any charge or specification is withdrawn or dismissed by the 

convening authority. Trial counsel must also provide the military judge and defense counsel 

copies of any documents showing the convening authority’s withdrawal or dismissal of charges. 

Rule 5.1.4: Witnesses. Counsel must ensure their witnesses will be immediately available 

when called to testify. 

Rule 5.1.5: Court Members. Trial counsel is responsible for notifying the members of the 

time, place, and uniform for trial, in accordance with the military judge’s instructions. Members 

will not be informed of the pleas (or anticipated pleas) or any other information about the courtmartial, to include the accused’s name or the nature of the charges. Trial counsel is responsible 

for confirming that each panel member has personally acknowledged the notification.
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Rule 5.1.6: Witness Lists. No later than seven (7) duty days prior to an Article 39(a) session or 

trial, unless otherwise ordered by the military judge, the trial counsel must provide the military 

judge, defense counsel, and court reporter a written list containing the initials, unit, and duty 

location or city and state of residence for each witness the government intends to call to testify. 

Witness lists for trials must indicate whether the witness will be called during the merits or 

sentencing phase of trial, or both.

Rule 5.1.8: Trial Documents. No later than fourteen (14) days before trial, unless otherwise 

ordered by the military judge, the trial counsel must provide the military judge and defense 

counsel all amending court-martial convening orders and, in trials with members, a seating chart, 

and flyer (see also Rule 23 and 24). 

No later than three (3) duty days before trial on the merits, the trial counsel must provide the 

court reporter all exhibits which the government intends to use during the merits or sentencing 

phase of the trial (see Rule 17).

Rule 5.1.9: Court Reporters. Trial counsel is responsible for notifying the detailed court 

reporter of the date/time, or changed date/time, of any Article 39(a) sessions and trial and shall 

make sure the court reporter has been sworn. 

Rule 5.1.10: Assimilated Offenses. In all cases where the government charges assimilated 

offenses under Article 134, trial counsel must provide the military judge and defense counsel the 

elements of the offense, definitions, maximum punishment, a copy of the applicable state or 

federal statute and proposed jury instructions concerning the assimilated offense at the time of 

referral.

Rule 5.2: Defense Counsel Requirements.

Rule 5.2.1: Civilian Defense Counsel. When retained by an accused, civilian defense counsel 

(CDC) must file a notice of appearance with the military judge, and provide a copy to the trial 

counsel. The notice of appearance must state that the civilian defense counsel represents the 

accused with respect to the referred charges, and must include the civilian defense counsel’s full 

name, mailing address, phone number, email address and jurisdiction(s) where the counsel is 

admitted to practice. 

Rule 5.2.2. Appearances. Once a civilian defense counsel has filed a notice of appearance or 

appeared during an Article 39(a) or trial session on behalf of an accused, the civilian defense 

counsel is required to be present at all sessions of court, unless appearance is waived by the 

accused. Civilian counsel may not withdraw from representation of the accused without express 

permission of the military judge.
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Rule 5.2.4. Security Clearance for CDC. Detailed defense counsel must inform the CDC of 

the requirements necessary for obtaining a security clearance immediately upon learning that 

classified information may be relevant to a pending case. CDC has a duty within ten (10) days 

from notice of appearance to request a security clearance application from the government where 

charges involve classified information; within ten (10) days from being notified by the 

government that classified information is relevant; or, within ten (10) days from determining that 

classified information may be relevant as a result of their own preparation, whichever is earliest. 

CDC must complete the necessary security clearance application within thirty (30) days of 

receiving the application from the government. If CDC requires more time to complete the 

application process, civilian defense counsel must request additional time through the military 

judge. Requests for additional time will only be granted for good cause.

Rule 5.2.5. Oath by CDC. Civilian counsel will be sworn on the record by the military judge 

when making an initial appearance in every case.

Rule 5.2.6: Notice of Forum, Pleas, and Motions. No later than ten (10) duty days before an 

Article 39(a) session to resolve motions or the date of trial (whichever is earlier), unless 

otherwise ordered by the military judge, the defense counsel will notify the military judge and 

trial counsel, in writing, of all motions and the accused’s choice of forum and plea. Defense 

counsel will, whenever possible, provide such notice and file all motions as far in advance as 

possible to ensure the orderly administration of justice. If the plea or forum changes after 

notification, defense counsel must immediately inform the military judge and trial counsel of the 

change.

Rule 5.2.7: Pleas. If the accused intends to enter a plea other than “guilty” or “not guilty,” the 

defense counsel will specify in the notice in Rule 5.2.6, above, the actual plea to be entered, 

unless such plea was provided to the military judge previously in a plea/pretrial agreement. If 

the plea will be to a lesser included offense, defense counsel will also provide a copy of the rewritten specification which accurately represents the plea which will be attached as an appellate 

exhibit.

Rule 5.2.8: Evidence and Discovery Issues. No later than ten (10) duty days prior to an 

Article 39(a) session or trial, unless otherwise ordered by the military judge, defense counsel will 

notify the trial counsel of any witnesses or evidence the defense wants produced at the Article 

39(a) session or trial. Requests will comply with R.C.M. 703 and any Trial Management Order 

issued by the military judge.

Trial counsel denials of defense-requested witnesses or evidence must be furnished to the 

defense counsel in writing and must contain a thorough explanation for the denial. If the defense 

still desires the witness or evidence, the defense counsel must immediately notify the military 

judge that they intend to file a motion for appropriate relief, in the form of a motion to compel. 
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The military judge will establish a deadline for the motion. If the defense counsel undertakes to 

obtain a witness on his or her own and such witness does not appear, absent extraordinary 

circumstances, a continuance will not normally be granted to obtain the presence of such witness. 

Counsel for both sides are required to bring any discovery problem immediately to the military 

judge’s attention.

Rule 5.2.9: Notice of Certain Defenses. No later than ten duty days prior to an Article 39(a) 

session or trial (whichever is earlier), absent good cause shown or unless otherwise ordered by 

the military judge, defense counsel will notify the trial counsel, in writing, of the intent to offer 

the defense of alibi, innocent ingestion, or lack of mental responsibility, or the intent to introduce 

expert testimony as to the accused’s mental condition, and of all other notices required by 

R.C.M. 701(b)(2).

Rule 5.2.10: Witness Lists and Marking of Exhibits. No later than seven (7) duty days prior 

to an Article 39(a) session or trial, unless otherwise ordered by the military judge, the defense 

counsel must provide the military judge, trial counsel, and court reporter a written list containing 

the initials, unit, and duty location or city and state of residence for each witness the defense 

intends to call to testify. Witness lists for trials must indicate whether the witness will be called 

during the merits or sentencing phase of trial, or both.

No later than one duty day before trial, the defense counsel must provide the court reporter for 

marking all exhibits which the defense intends to use during the merits or sentencing phase of the 

trial (see Rule 17).

Rule 5.3: Special Victim Counsel and Other Non-Party Counsel.

Rule 5.3.1: Definition. An SVC, or other non-party counsel, is an attorney who has been 

designated by a military authority to act as counsel for an alleged victim. The Rules related to 

SVC apply equally to privately retained attorneys representing alleged victims.

Rule 5.3.2: Applicability. Notwithstanding references to “both parties,” “counsel for both 

sides,” “party,” or words to that effect, all Rules of Court apply to SVCs.

Rule 5.3.3: Pretrial Notice. Upon assuming representation, SVCs shall file a Notice of 

Appearance with the Court, stating the applicable case caption, initials of the respective client, 

and name, rank, address, phone number and email address of the SVC. The notice shall also 

contain a brief statement as to the SVC’s qualifications to practice and status as to oath. The 

notice must be served on all parties in the case. An SVC who fails to file a Notice of Appearance 

will not be recognized by the Court. 
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Rule 5.3.4: Trial Counsel Responsibilities to SVC. Trial counsel must provide the SVC 

notice of all scheduled sessions of court within twenty-four hours of the session being scheduled. 

Additionally, trial counsel must immediately provide the SVC with any rulings on motions 

involving the SVC’s client.

Rule 5.3.5: Right to be Heard. In any motion or hearing where an alleged victim has a right to 

be heard, the military judge shall verify on the record that the alleged victim was notified of the 

right to be heard. 

Rule 5.3.6: Service of Motions. Motions that involve M.R.E. 412, 513, 514, or 615 must be 

served, by the moving party, on the SVC that has entered a notice of appearance on behalf of the 

client whose information is being sought in the motion. Service on the SVC must occur at the 

same time of service on the Court and opposing counsel. Trial counsel must confirm such 

service.

Rule 5.3.7: Scheduling. Trial scheduling is within the sole discretion of the military judge (see

R.C.M. 801). The SVC must communicate his or her schedule to the trial counsel who must then 

convey it to the military judge. Any motion or responsive pleading for a continuance filed by the 

trial counsel must indicate the SVC’s position on the requested continuance. The military judge

will consider the schedules of all parties and the SVC in docketing a case, but the military judge 

will not unreasonably delay any proceeding to accommodate the SVC’s schedule. Trial counsel 

must keep the SVC fully informed of court dates and any changes thereto.

Rule 5.3.8: Presence at R.C.M. 802 Conferences. Even though SVCs are not parties to the 

trial (see R.C.M. 103(17)), military judges may permit the SVC to attend R.C.M. 802 

conferences to address issues unique to the alleged victim in order to consider such matters as 

will promote a fair and expeditious trial. Once the issues relevant to the SVC have been 

addressed, the SVC will ordinarily leave the R.C.M. 802 conference to permit the military judge

to address other issues with the trial and defense counsel.

Rule 5.3.9: Standing. SVC and alleged victim standing is determined by the issue under 

consideration and the right being asserted by the SVC and alleged victim.

Rule 5.3.10: Initial Appearance. Upon being authorized by the military judge to speak in open 

court for the first time, the SVC must announce his/her qualifications and whether he/she has 

acted in any matter inconsistent with representing the alleged victim. The qualifications of an

SVC are the same as those required of a civilian defense counsel (see R.C.M. 502(d)).

Rule 5.3.11: Appearance in Court. When in the courtroom, the SVC will generally remain 

seated behind the bar, except when invited inside the bar by the military judge to address the 

Court. When addressing the Court, the SVC must do so from behind the podium. The SVC may 

be heard in an Article 39(a) session outside the hearing of the members. It is within the military 
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judge’s discretion to hear from the SVC on each distinct issue separately, to have counsel 

address all issues at one time, or to require counsel to submit written matters to the court.

The military judge has discretion to allow the SVC or alleged victim to be heard in court via 

telephone or video teleconference (VTC) during an Article 39(a) session. 

SVC and alleged victims will not be allowed to listen remotely to any court proceedings, via 

telephone, VTC, or otherwise, unless the military judge has established a remote viewing 

location for spectators of the trial due to space limitations within the courtroom.

Rule 6: Appointment of a Designee for Certain Alleged Victims.

Rule 6.1: Recommendation. Within seven (7) duty days after referral, both parties and, if 

appropriate, the SVC, must notify the military judge whether a designee should be appointed for 

an alleged victim pursuant to Article 6b(c), UCMJ, and R.C.M. 801(a)(6). If a party requests 

such a designation, it must file a written request showing good cause, along with a draft 

designation order. The request must indicate the following as to the recommended designee: 

age; relationship to the alleged victim; physical proximity to the alleged victim and the situs of 

the court-martial; anticipated costs in effecting the appointment; willingness of the proposed 

designee to serve in such a role; any previous appointment of a guardian by another court of 

competent jurisdiction; any potential delay in any proceeding that may be caused by the 

appointment; and any other relevant information. Not later than one duty day after such a 

request is filed, the other party and, if appropriate, the SVC will either concur or non-concur with 

the requested designee and may provide the military judge with a written response. The written 

response may include the name of a designee recommended by the responding party or the SVC; 

any recommended alternative will include the same information required of the original request. 

Rule 6.2: Appointment. The appointment of the designee, if determined necessary by the 

military judge, shall be accomplished at arraignment when practicable. Either party may request, 

or the military judge may order, an Article 39(a) session under this Rule in cases where a 

designee cannot be identified or agreed upon by the parties.

Rule 6.3: Excusal/Replacement. At any time after appointment, an individual shall be excused 

as the designee upon request by the designee or a finding of good cause by the military judge. If 

the designee is excused, the military judge may appoint a successor using the procedures 

established in R.C.M. 801(a)(6). 

Rule 7: Motions/Bill of Particulars.

Rule 7.1: Consultation. Counsel are encouraged to discuss motions or potential motions with 

opposing counsel prior to any Article 39(a) session to determine whether an issue is in fact 

controverted and to narrow the issues in contention to the maximum extent possible. Counsel 
16

should advise the military judge as early as possible of motions that are likely to arise at trial, 

including any unusual motions or objections, and of any relevant authority then known to 

counsel, including contrary authority.

Rule 7.2: Filing. When not prohibited by the military judge, motions and other documents may 

be filed with the court, opposing counsel, and if applicable, SVC by electronic transmission. It is 

the filing party’s responsibility to ensure that the filing is received by the Court, opposing party, 

SVC, and appropriate court reporter. In cases where a named complaining witness is not 

represented by SVC, any notice or motion which implicates an alleged complaining witnesses’

rights shall be provided to the individual by trial counsel. As appropriate, electronic mail 

transmissions used to communicate with the court or with opposing counsel should be 

maintained by the originator and provided to the court reporter for inclusion in the record of trial. 

It is the filing party’s responsibility to provide a hardcopy of any filing, with all appropriate 

attachments, to the court reporter for inclusion in the record of trial. 

Rule 7.3: Evidence in Support. Each motion must include or be accompanied by evidence, a 

statement of the specific points of law and authority that support the motion, including, where 

appropriate, a concise statement of facts, which party bears the burden of production and 

persuasion and whether oral argument is requested. Counsel should submit motions in the format 

found in Appendix B and at: Trial Docket - Documents - All Documents (sharepoint-mil.us)

Rule 7.4: Proposed Orders and Rulings. Any pleading that requests an Order must be

accompanied by a proposed Order. The moving party and any responding counsel will include 

as part of the pleading proposed Findings of Fact and Conclusions of Law.

Rule 7.5: Marking. Motions and responses will be marked as appellate exhibits. When filing a 

pleading, a party must file any evidence offered in support of the pleading separately as the next 

appellate exhibit in order. 

(a) For example, if the Defense were to submit a motion to suppress as AE XX, the 

evidence submitted in support of the motion will be marked as AE XXI. The evidentiary filing 

must contain a front page that lists the specific evidentiary exhibits. This requirement applies 

equally to the Government, Defense, and any third-party submissions. Counsel must work 

closely with the court reporters to ensure that all submissions are marked correctly.

(b) Any supplemental evidence or attachments for a previously marked motion will 

be included in the applicable appellate exhibit previously marked for the evidence in support of 

that motion. Using the example above, any supplemental Defense evidence for AE XX that was 

not originally included in AE XXI will be marked as AE XXI(a), AEXXI(b), etc. The 

supplemental submission must also include the date submitted.
17

(c) All electronic media will be provided in a format that can be appended to the 

record and reviewed by reviewing authorities. All video and audio recordings submitted as 

evidence on a motion must be accompanied by a verbatim transcript of, at a minimum, the 

portions of the recordings that are pertinent to the motion.

Rule 7.6: Timeliness of Rulings. Military judges will rule on motions in a timely fashion so as 

not to create unnecessary delay in court proceedings. In instances when a ruling must be 

reserved, the military judge shall revisit the issue and Rule when the reason for the reserved 

ruling is resolved. Military judges are encouraged to issue written rulings where appropriate 

and/or state their rationale on the record for their decisions.

Rule 7.7: Rulings Adverse to the Government. If the military judge rules adversely to the 

government and the government contemplates an appeal pursuant to Article 62, UCMJ and 

R.C.M. 908, the military judge must state on the record the time of the ruling so that the 

government may compute the 72-hour time period within which to file notice of an appeal . The 

military judge will also notify the government of how to provide the military judge with written 

notice of appeal.

Rule 7.8: Good Cause. Unless good cause is shown, motions must be filed in accordance with 

the TMO. Good cause is determined by the military judge. 

Rule 7.9: Motions to Reconsider. Parties seeking reconsideration of a military judge’s written 

pre-trial ruling or order must file a motion within fourteen (14) days after the pre-trial ruling or 

order is filed, unless the court extends the time for good cause shown. A motion to reconsider 

must be based on: 

(a) an intervening change in controlling law;

(b) the availability of new evidence; or

(c) the need to correct clear error or prevent manifest injustice.

Rule 7.10: Motions for Speedy Trial Violations. In such cases where the defense moves to 

dismiss charges and specifications on the grounds of a speedy trial violation, the trial counsel 

will prepare a written chronology of events prior to trial. See United States v. Ramsey, 28 M.J. 

370, 374 (C.M.A. 1989).

Rule 7.11: Bill of Particulars. When a trial counsel serves a Bill of Particulars on the defense, 

it shall also be filed with the court and marked as an appellate exhibit.

Rule 8: Pretrial sessions.

Rule 8.1: Conferences. In all courts-martial, the military judge may, pursuant to R.C.M. 802, 

conduct a Scheduling Conference as soon as practicable. This may occur in-person, 
18

telephonically, or by e-mail, preferably within seven duty days of the docketing request. Upon 

request from the military judge, trial counsel will coordinate all conference communications. 

Additional conferences may be held to inform the military judge of anticipated motions, unusual 

problems or issues which are likely to affect the duration, progress or orderly disposition of the 

case, and to expeditiously resolve matters on which the parties can agree. All conferences shall 

be summarized on the record. 

Rule 8.2: Trial Management Order. After the initial R.C.M. 802 conference, the military 

judge will, except where found to be unnecessary, issue a Trial Management Order to establish 

timelines, resolve issues, and ensure the orderly administration of justice. Appendix A contains 

a sample Trial Management Order which can be found at: Trial Docket - Documents - All 

Documents (sharepoint-mil.us).

Rule 8.3: Use of Video Capabilities. In accordance with Rule 34, use of video teleconferencing 

capabilities in accordance with these Rules and the MCM is authorized for all preliminary 

matters, to include any arraignment or motion practice. If either party proposes to use 

alternatives to testimony after the court is assembled, such as VTC (or other audiovisual) 

technology, in accordance with R.C.M. 703(b)(1), 804(b), 805(a), 805(c), and/or R.C.M. 914B

(and COMDTINST M5810.1(series)), the proponent shall serve notice of its intent on the court

and opposing counsel not later than (10) days prior to trial. Any objection shall be filed within 

two (2) days of receipt. 

Rule 8.4: Arraignments. Either party may request, or the military judge may direct sua sponte, 

an Article 39(a) session solely for arraignment. Counsel must be prepared for arraignments 

shortly following service of the referred charges. 

Section V. Decorum and Conduct

Rule 9 Decorum.

Rule 9.1: General. Counsel for both sides must assist the military judge with maintaining a 

solemn and dignified atmosphere throughout the trial. As a traditional mark of respect for the 

judicial system, all persons in the courtroom, regardless of rank or grade, except the court 

reporter, must always rise when the military judge enters or leaves the courtroom. All persons, 

except the military judge and court reporter, must rise when the panel enters and leaves the 

courtroom. The trial counsel is responsible for saying (or having the bailiff say) “All rise”

whenever the military judge or panel enters or leaves the courtroom. All parties must remain in 

place until the military judge indicates that all may be seated, or upon the full departure of the 

military judge and members.
19

Rule 9.2: Bar of the Courtroom. No one other than a trial participant is allowed inside the bar 

of the courtroom without the military judge’s permission when Court is in session. When Court 

is not in session, supervisory attorneys and paralegals are allowed inside the bar.

Rule 9.3: Prohibitions. 

Eating and drinking are not permitted in the courtroom during open sessions. Trial participants 

may consume water or other non-alcoholic beverages in unmarked, spill-proof containers.

Chewing gum and tobacco products are not permitted in the courtroom at any time. 

Absent prior approval by the military judge, written and verbal communication between trial 

participants and the gallery is prohibited. 

Photography, video recording, audio recording (except recording by the detailed court reporter or 

otherwise authorized by the military judge), and radio and television broadcasts from the 

courtroom are not permitted. Unless otherwise authorized by the military judge, all electronic 

devices, to include but not limited to cell phones, smart phones, tablets, and laptop computers, 

will be turned off while inside the courtroom. 

No explosives, flammable liquids, caustic materials, or other hazardous materials will be brought 

into the courtroom without the military judge’s prior approval. Firearms and weapons, except 

when used as exhibits or otherwise explicitly authorized by the military judge (e.g., civilian law 

enforcement personnel or courtroom security officers), are not permitted in the courtroom. 

The prohibitions contained in this Rule will be posted near the entry of the courtroom and inside 

the courtroom by or at the direction of the trial counsel.

Rule 9.4: Spectators.

Rule 9.4.1: General. Spectators are encouraged to attend courts-martial and shall be permitted 

to observe all trial proceedings, unless otherwise determined by the military judge. While no age 

restrictions apply as to who may be a spectator, no one will be permitted to disrupt the dignified, 

formal atmosphere of the court-martial. The bailiff will advise parents to consider the nature of 

expected testimony before bringing young children into the courtroom as spectators, as 

testimony in some cases may be graphic, vulgar, or obscene.

Rule 9.4.2: Restrictions. Spectators may enter and leave the courtroom during open sessions, 

but will not be permitted to disturb or interrupt court proceedings by their conduct. Spectators 

will not indicate or demonstrate in any manner agreement or disagreement with testimony, 

procedures, or results at a trial, nor will their appearance or attire be permitted to detract from the 

dignity of the proceedings or to create a disruption. Spectators will not sleep or engage in loud 

whispering.
20

Rule 9.4.3: Sanctions. Spectators who violate these Rules may be excluded from the 

courtroom, held in contempt, or both. A copy of Rule 9.4.2 will be posted near the entry to the 

courtroom and inside the courtroom to place spectators on notice of these Rules.

Rule 10: Courtroom Attire. 

Rule 10.1: Civilian Participants. 

Civilian counsel and civilian court reporters must wear conservative business clothing (e.g., a 

suit or coat/tie for men, and a suit or dress for women).

Civilian witnesses must wear conservative business clothing, if possible. Civilian witnesses 

must not wear shorts, t-shirts, or other inappropriate attire. Counsel must inform witnesses about 

appropriate attire, as prescribed by this Rule.

Civilian law enforcement officer witnesses may wear their duty uniform but may not carry a 

firearm or other service-weapon in the courtroom unless authorized to do so by the military 

judge.

Rule 10.2: Military Participants. 

The default military uniform for all courts-martial is Service Dress Blue “Bravo.” The military 

judge may, however, designate an alternate uniform. Trial counsel will ensure all parties receive 

timely notice. 

The military judge shall wear the judicial robe. Each military judge will be issued a robe by CGLPD upon being certified as a military judge. 

Military law enforcement agents and investigators (e.g., Coast Guard Investigative Service 

agents) may wear civilian clothing commensurate with the attire of civilian counsel, as stated in 

Rule 12.1.

Retirees recalled to active duty for court-martial must wear the military uniform designated for 

the court-martial.

Retirees not recalled to active duty, but being tried by court-martial, may wear the military 

uniform designated for the court-martial or civilian clothing commensurate with the attire of 

civilian counsel, as stated in Rule 12.1.

The accused and defense counsel are responsible for ensuring that the accused is properly attired.

Rule 10.3: Inmate Participants.
21

An accused in pretrial confinement and on active duty in the military, whether a witness or an 

accused, must wear the military uniform designated for the court-martial. The government is 

responsible for ensuring that the accused in pre-trial confinement is in the appropriate uniform.

Inmates in post-trial confinement, called to testify as a witness, must wear the prison uniform or 

clothing prescribed by the confinement facility.

An accused or appellant who is an inmate in post-trial confinement and on active duty (i.e., not 

yet discharged from the military) must wear the military uniform designated for the court-martial

for new trials and rehearings. However, for post-trial Article 39(a) sessions only, without the 

presence of members, such an accused or appellant must wear the prison uniform or other 

clothing prescribed by the confinement facility.

An accused who is an inmate in post-trial confinement and no longer on active duty (i.e., has 

been discharged from the military) must wear appropriate civilian clothing (see Rule 10.1).

Trial counsel is responsible for ensuring all security and facility access issues related to inmate, 

court appearances are addressed well in advance of trial.

Rule 10.4: Uniform Exceptions. Military judges may authorize exceptions to the uniforms and 

attire required by this Rule, to include authorizing wear of the Operational Dress Uniform. In 

making exceptions, military judges must weigh the importance of conducting a formal and 

dignified proceeding against other competing interests. 

Section VI. Trial Procedure

Rule 11: Pleas. 

The accused and defense counsel must stand and face the military judge when entering pleas. 

Defense counsel will normally enter the accused’s plea. If the accused’s plea is particularly 

complex, defense counsel may announce that the accused pleads as set forth in the written plea 

agreement.

Rule 12: Stipulations. 

If an issue arising during trial does not involve a factual dispute, counsel shall endeavor, to the 

extent possible, to enter into a stipulation of fact or expected testimony prior to trial concerning 

the undisputed facts. Counsel may enter stipulations for the limited purpose of obtaining a ruling 

on a motion or objection.

Rule 12.1: General. Absent extraordinary circumstances, all stipulations must be in writing.

Rule 12.2: Marking. Stipulations will be marked as Prosecution, Defense, or Appellate 

Exhibits, as appropriate. Stipulations of expected testimony will be read to the trier of fact, but 
22

not taken into the deliberation room. Stipulations are not to be mentioned to court members 

unless previously received into evidence at an Article 39(a) session.

Rule 13: Voir Dire.

Rule 13.1: Conduct of Voir Dire. The military judge will ordinarily initiate voir dire 

examination by asking preliminary questions. The military judge may then permit such 

additional questions by counsel in en banc or general voir dire as are deemed reasonable and 

proper by the military judge. Counsel will submit any proposed general voir dire questions to 

the military judge fourteen (14) days in advance of trial. 

Rule 13.2: Individual Voir Dire. Any proposed individual voir dire questions by counsel will 

be submitted to the military judge fourteen (14) days in advance of trial. .

Rule 13.3: Questionnaires. To expedite voir dire, the trial counsel should provide all members 

with questionnaires before trial under R.C.M. 912 and provide those to the military judge and 

defense counsel fourteen (14) days prior to trial. No post-trial questionnaires or surveys will be 

sent to any member nor will any post-trial assessment be requested from any court member 

except upon approval of the military judge.

Rule 14: Opening Statements. 

Opening statements may address the evidence counsel expect to be offered, which they believe 

in good faith will be available and admissible, and a brief statement of the issues in the case. 

Counsel may not argue or instruct as to the law. Counsel may not show the members evidence 

that has not been admitted. Opening statements shall not exceed 15 minutes unless leave of the 

Court is granted based upon good cause shown.

Rule 15: Judicial Notice. 

Counsel will advise the military judge and opposing counsel of any intended requests for judicial 

notice in their written pretrial matters in accordance with the TMO.

Rule 16: Trial Exhibits.

Rule 16.1: Marking. The court reporter will mark all exhibits “for identification” prior to trial. 

Prosecution exhibits will be numbered consecutively with Arabic numbers. Defense exhibits 

will be labeled consecutively with capital letters. The first twenty Appellate exhibits will be 

numbered consecutively with Roman numerals and then transition to Arabic numerals. 

Rule 16.2: Publishing to Members. When a counsel requests to publish a document admitted 

in evidence to the members, other than by electronic means, that counsel will have previously 
23

made copies for each member and opposing counsel will have previously confirmed those copies 

are accurate reflections of the original. 

Rule 16.3: Demonstrative Evidence. Photographs, charts, maps, diagrams, and similar 

testimonial aids should be large enough and positioned for all parties to see. Copies of 

photographs or other aids (including electronically presented exhibits) may be furnished to each 

trial participant, in the sole discretion of the military judge, when appropriate. Any item of 

demonstrative evidence that has not been offered or admitted as a prosecution or defense exhibit 

shall be attached to the record as an appellate exhibit. If a piece of demonstrative evidence is not 

easily attached, a photograph of the exhibit shall be taken and attached as an appellate exhibit per 

Rule 16.4. The counsel using the demonstrative aid is responsible for ensuring compliance with 

this Rule. 

Rule 16.4: Substitution. If an item of evidence is inappropriate for inclusion in the record, or 

when counsel would like a copy/reproduction substituted in the record (e.g., original personal 

records of an accused or original family photographs, original checks or other negotiable 

instruments), the proponent must be prepared with an exact copy/reproduction or accurate 

representation when offering the exhibit. Counsel offering the item must request that a suitable 

substitute (e.g., a photograph) be inserted in the record. This request must be made when the 

exhibit is offered into evidence or before the court-martial is adjourned. If the military judge

approves the request, the trial counsel must ensure that a suitable substitute is included in the 

record of trial. If a copy of a document must be substituted in the record of trial, a legible 

photocopy may be used. If an exhibit is in color, the copy must be in color. If photographs are 

substituted for an exhibit, the photograph must clearly and accurately reflect the evidentiary 

value of the exhibit (e.g., signatures on a urine bottle or the serial number on a weapon).

Rule 16.5: Safeguarding Evidence. The counsel offering physical evidence is responsible for 

safeguarding that evidence until it is released to the court reporter. Evidence that has not been 

admitted or has been rejected shall remain out of the members’ sight. For safety reasons, if 

firearms are marked as exhibits, the trial counsel must ensure that they are rendered inoperable in 

a manner that does not alter their evidentiary value (e.g., a locking device or plastic flexi-cuff 

through the magazine well and chamber while the slide is locked to the rear). Exhibits which 

could be used as a weapon, such as a knife or pair of scissors, must be attached to an evidence 

board.

Rule 16.6: Sealed Exhibits. When the military judge orally orders any portion of the record 

sealed, the trial counsel will ensure that a written sealing order is prepared and signed by the 

military judge and attached as an appellate exhibit (see generally R.C.M. 1113). This includes 

exhibits actually admitted into evidence. The trial counsel must ensure the sealed matters are not 

further reproduced or copied and will remain only in the original record of trial. Each sealed 
24

exhibit, or portion of the transcript or recording of trial, will be placed in a separate sealed 

envelope (i.e., multiple items of sealed matter will not be conglomerated into one envelope).

When counsel provide the court-martial notice of appeal under R.C.M. 908 or notice of petition 

for an extraordinary writ, the sealing order shall be automatically lifted only to the extent 

necessary for counsel to file the appeal or writ petition.

Rule 17: Witnesses.

Rule 17.1: Presence in the Courtroom. Witnesses generally should not sit in the courtroom 

prior to their testimony. Unless the military judge excludes them pursuant to M.R.E. 615, 

witnesses who will testify only on sentencing may observe the trial on the merits or guilty plea 

providence inquiry. After witnesses have been permanently excused, they may remain as 

spectators. The military judge will follow Article 6b(a)(3), M.R.E. 615, and other applicable law 

in deciding whether alleged victims may be excluded from proceedings.

Rule 17.2: Preparation. Trial counsel must ensure that all witnesses understand the physical 

layout of the courtroom, where they should go, and what they should do upon entering the 

courtroom. Counsel must ensure witnesses will be immediately available when called to testify. 

Military witnesses must not salute the military judge or president of the court in the courtroom.

Rule 17.3: Oaths and Identification. In accordance with R.C.M. 807, trial counsel must swear 

all witnesses testifying on the merits in the presence of the members and fully identify them even 

if they have been previously sworn and identified at an Article 39(a) session. If a witness is later 

permanently excused and recalled, the witness must be sworn again. If a witness is later 

temporarily excused and recalled, the witness must be asked if they are the same person who 

previously testified in the court-martial and must be reminded he/she is still under oath. The trial 

counsel should identify the witness in their initial leading questions, as in the following 

examples:

1. Are you Petty Officer Hopley Yeaton of USCGC FORWARD, Portsmouth, VA?

2. Are you Mrs. Ida Z. Lewis, of Newport, Rhode Island?

3. Are you the accused in this case?

Civilian witnesses who do not wish to disclose the city where they reside in open court are not 

required to do so. In such cases, trial counsel must state, after the witness has given his or her 

name, that the other identifying information has already been provided to the reporter for 

inclusion in the record, if the identification does not otherwise appear in the record. 

Rule 17.4: Gestures or Actions by Witnesses. If a witness makes gestures having evidentiary 

value or engages in other nonverbal conduct, e.g., hand motions, the counsel examining the 

witness must concisely and accurately describe the witness’ actions for the record. If not done 
25

contemporaneously with counsel examination, counsel should request the military judge’s 

permission to describe such gestures or actions for the record.

Rule 17.5: Mid-testimony Consultations. Once a witness has begun their testimony, counsel 

shall not, during any recess, consult with them on the subject of their ongoing testimony without 

advance permission of the military judge.

Rule 18: Counsel Decorum

Rule 18.1: Standing. Unless the military judge indicates otherwise, counsel must stand when 

addressing the military judge (to include when making objections), court members, and 

witnesses.

Rule 18.2: Demeanor. Counsel must not indicate, in any manner inconsistent with the 

dignified nature of a court-martial, agreement or disagreement with testimony, argument by 

opposing counsel, a court ruling, or other procedures at trial, except by proper objection or 

motion.

Rule 18.3: Undue Familiarity. During court proceedings and recesses, counsel must refrain 

from any undue familiarity with opposing counsel, the military judge, court members, and 

witnesses. 

Rule 18.4: “One counsel” Rule. Only one counsel per side may examine any one witness or 

address the court on any particular issue, motion, argument, or objection, unless the military 

judge permits otherwise.

Rule 18.5: Offers of Proof. Offers of proof are not evidence. A military judge’s essential 

findings cannot be based on offers of proof. Offers of proof will be used only in those rare 

circumstances set forth in M.R.E. 103(a)(2).

Rule 19: Court Reporters.

Rule 19.1: Swearing. Trial counsel shall ensure that the court reporter has been sworn. 

Preferrably, all court reporters should be sworn prior to the commencement of trial. 

Rule 19.2: Start of each session. Each time the court convenes or reconvenes, the court 

reporter must note in the record the presence or absence of the parties and the time at which the 

court convenes or reconvenes. The court reporter must note the time at which recesses are taken 

and the time of adjournment.

Rule 19.3: Counsel noted in the Record of Trial (ROT). Court reporters must ensure that the 

name and rank of all military parties to the trial and the name and address of civilian counsel are 

properly noted in the ROT.
26

Rule 19.4: Responsibility for Exhibit Lists. Court reporters will maintain a complete list of all 

exhibits marked, those offered and those admitted.

Rule 19.5: Case Status. Trial counsel are responsible for keeping the court reporter apprised of 

the status of all docketed cases, to include, but not limited to: anticipated delays, continuances, 

withdrawal of charges, changes of courtrooms or location, changes in anticipated pleas and 

forum, and the need for court reporter support in unscheduled hearings.

Rule 20: Objections. 

Rule 20.1: Stating an objection. Counsel must succinctly state the nature and basis of an 

objection. Counsel shall not provide additional argument in support of an objection unless asked 

to do so by the military judge. Opposing counsel must immediately cease examination and await 

the military judge’s resolution of the objection. Any argument must be direct and succinct. 

Motions in limine are encouraged regarding evidentiary issues counsel believe are likely to be 

contested at trial. After the military judge rules on an objection or makes any other ruling, 

counsel shall not make further argument or comment, except with the express permission of the 

military judge. After a ruling, counsel may, however, make offers of proof to preserve an 

objection or issue for appellate purposes or request reconsideration. In trials with members, such 

offers of proof should normally be made in an Article 39(a) session (see M.R.E. 103(e)).

Rule 20.2: Objections by non-party counsel. Should a non-party legal counsel, such as an

SVC, deem it necessary to object or otherwise be heard at trial that counsel shall stand until 

recognized by the military judge. The counsel shall not speak until recognized by the military 

judge. When recognized, the non-party legal counsel shall enter the well, and speak from the 

podium

Rule 21: Closing Arguments. 

In closing arguments, counsel may make reasonable comment on the evidence, challenge the 

veracity of a particular witness, and draw such inferences from the testimony as will support the 

party’s theory of the case. Counsel shall not assert a personal belief in the justness of a particular 

cause, the guilt or innocence of the accused, or the credibility of a witness, including the accused.

Rule 22: Rebuttal Arguments.

Trial counsel may, if the defense counsel presents argument on findings, make a rebuttal 

argument. R.C.M. 919(a). Trial counsel’s rebuttal argument is limited to matters raised by the 

defense and will not introduce new matters. Should trial counsel raise any new matters in 

rebuttal, the defense counsel may be given the opportunity to rebut such new matters in 

surrebuttal. 
27

At sentencing, trial counsel may, in the discretion of the military judge, be permitted to make a 

rebuttal argument after the defense presents a sentencing argument. R.C.M. 1001(a)(1)(G). Any 

sentencing rebuttal argument by the trial counsel shall be strictly limited to responding to new 

matters raised by the defense argument. As a result, rebuttal sentencing arguments should be 

rare. The trial counsel may not waive, or limit, the government’s sentencing argument in order to 

maximize the scope of rebuttal.

Rule 23: Instructions. 

Any request for specialized instructions (those not contained in Department of the Army (DA) 

Pamphlet 27-9, Military Judges’ Benchbook or any approved interim change to the Benchbook), 

must be submitted in writing with supporting authority, if any, to the military judge and opposing 

counsel at least fourteen (14) duty days prior to the date set for trial, unless the military judge

directs otherwise.

Rule 24: Findings and Sentence Worksheets. 

In trials with members, trial counsel must prepare tailored findings and sentence worksheets, 

using the formats in DA Pamphlet 27-9, Military Judges’ Benchbook, and submit them to the 

military judge and opposing counsel at least fourteen (14) duty days prior to trial, unless the 

military judge directs otherwise. Any lesser included offenses likely to be in issue will be 

reflected on the findings worksheet to reflect a proper finding as to the lesser included offense.

Rule 25: Restraint of the Accused and Witnesses.

Rule 25.1: Accused. While in court, the accused must not be physically restrained unless the 

military judge approves the restraint in advance. If defense counsel have a concern with regard 

to the nature of restraint of the accused, it shall be brought to the attention of the military judge

outside the presence of members.

Rule 25.2: Witnesses. Inmate witnesses may be restrained during their testimony within the 

discretion of the military judge. Trial counsel should inform the military judge, prior to the trial 

or Article 39(a) session, of the need and justification to restrain an inmate while testifying. The 

military judge must seriously consider the need for restraint of inmate witnesses, and the 

justifications provided by the trial counsel and/or confinement authorities, prior to determining 

what restraint will be allowed, if any. When restraint of inmate witnesses is allowed, the military 

judge should make every effort to ensure that the inmate testimony is presented in a way that 

prevents or minimizes the members’ ability to observe the restraint.
28

Rule 26: Withdrawal by Counsel.

Rule 26.1: Trial Counsel. After referral, trial counsel shall not be permitted to withdraw unless 

substitute qualified counsel is detailed prior to or simultaneously with the relief of the 

withdrawing counsel and the detailing memo has been provided to the military judge.

Rule 26.2: Detailed Defense Counsel. After referral, detailed military defense counsel may not 

withdraw from representation of the accused without the military judge’s approval, whether or 

not the accused wishes to release the detailed military counsel. Approval will take into 

consideration compliance with R.C.M. 505(d)(2), R.C.M. 506(b)(3), and R.C.M. 506(c), as 

applicable.

Rule 26.3: Individual Military Counsel and Civilian Defense Counsel. Once individual 

military counsel or civilian defense counsel enters an appearance (to include a written notice of 

appearance), such counsel may not withdraw from representation of the accused without the 

military judge’s approval, whether or not the accused wishes to release the counsel. Approval 

will take into consideration compliance with R.C.M. 506(c), as applicable. Willful failure of a 

fee-paying client to comply with the terms of the contract for representation may provide 

grounds for counsel to request to withdraw. However, the mere failure to pay the fee does not 

terminate the attorney’s obligations as an officer of the court. Approval of the request to 

withdraw will take into consideration whether: 

1. Counsel has taken reasonable steps to avoid foreseeable, material prejudice to any 

substantial right of the accused; 

2. Adequate time exists to employ other counsel without undue prejudice to the accused 

or the Government; and 

3. The interests of justice and orderly administration of justice are advanced.

Section VII. Post-Trial Matters.

Rule 27: Post-trial and Appellate Rights. 

The defense counsel must explain to the accused his or her post-trial and appellate rights, to 

include the rights contained in R.C.M. 1010, prior to trial with the aid of an applicable form 

tailored to the level of court-martial. The defense counsel and accused should ordinarily not sign 

or date the form until the date the sentencing phase begins. The defense counsel must submit the 

completed and signed form to the military judge at the start of sentencing proceedings, after the 

court reporter has marked it as an appellate exhibit.
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Rule 28: Statement of Trial Results.

As soon as practicable after the adjournment of the court-martial, the trial counsel will provide a 

draft Statement of Trial Results to the military judge. Once the military judge signs the 

Statement of Trial Results, trial counsel will furnish copies to the court reporter, defense counsel, 

SVC, and (if applicable) the confinement facility. 

Rule 29: Records of Trial.

Rule 29.1: Entry of Judgment. In accordance with R.C.M. 1111, upon receipt of the 

convening authority’s action, the military judge (or the Chief Circuit Judge if the Chief Trial 

Judge determines the military trial judge is unavailable) will enter the judgment of the courtmartial. Entries of judgment will be signed by the military judge as soon as practicable, but no 

later than ten (10) days after the receipt of the convening authority’s action.

Rule 29.2: Certification of the Record by the Court Reporter. Pursuant to R.C.M. 1112, 

upon receipt of the entry of judgment, the court reporter will compile the record of trial (ROT) 

for certification. The certified record of trial is the official record of the proceedings of a courtmartial. Once the record of trial is compiled in accordance with R.C.M. 1112(b), the court 

reporter will certify the ROT pursuant to R.C.M. 1112(e).

The court reporter will further prepare the certified record of trial for appellate review in 

accordance with R.C.M. 1112(f), to include the verbatim transcript. The verbatim transcript will 

be prepared in accordance with R.C.M. 1114 and pursuant to the Military Justice Manual, 

COMDTINST M5810.1 (series). The court reporter will certify that the written transcript is a 

true, accurate, and complete copy of the audio or other electronic recording of the court-martial 

proceeding in the case. Certification of the record should occur within one hundred twenty days 

after the completion of trial.

Rule 29.3: Review of the Record by Trial Counsel prior to Submission to the Military 

Judge. Prior to submission of the record of trial and transcript to the military judge for review 

pursuant to Rule 29.4, the trial counsel must review the record of trial and transcript to ensure 

compliance with RCM 1112(b) and RCM 1114. 

In reviewing the record of trial, the trial counsel must provide a signed verification that all 

required contents listed at RCM 1112(b) are properly included and reflected in the record of trial. 

The trial counsel must ensure that the recording required by RCM 1112(b) is a substantially 

verbatim recording of the proceedings. 

In reviewing any transcript required by RCM 1114, the trial counsel must verify that it is a 

verbatim transcript of the proceedings. The trial counsel must correct all errors contained in the 

transcript, to include errors in grammar, spelling, and punctuation. The trial counsel must ensure 

that the court reporter makes any necessary corrections to the record of trial and transcript prior 
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to submission to the judge for review. Counsel must use an errata sheet to record necessary 

corrections to the transcript. 

Rule 29.4: Verification of the Record. Pursuant to the Military Justice Manual, COMDTINST 

M5810.1 (series), the military judge will verify the record of trial within twenty (20) days of 

receipt of the certified record, including the verbatim transcript. “Verifying” the record of trial 

ensures the record is complete, all of the exhibits and enclosures are appropriately included in 

accordance with R.C.M. 1112, the pleas, findings, and sentence are accurately reflected in the 

transcript accompanying the record of trial, and the verbatim transcript is suitable for appellate 

review.

Section VIII. Supporting Trial Personnel

Rule 30: Bailiff. 

Unless the military judge directs otherwise, trial counsel must ensure a bailiff is present at every 

Article 39(a) session at which witnesses will be called and at every trial. Junior enlisted Coast 

Guardsmen (E-4 and below) will not serve as bailiffs unless otherwise permitted by the military 

judge. The bailiff will obtain witnesses as they are called to testify, call everyone to rise when 

the military judge or the entire panel enters or leaves the courtroom, and take care of 

administrative errands during trial as directed by the military judge, judge’s clerk, or court 

reporter. The bailiffs’ job is to assist the military judge to ensure the orderly conduct of the trial 

and that participants and spectators comply with these Rules. The bailiff must not be a witness, 

unit escort, or guard for the accused. Likewise, a bailiff should neither have an interest in the 

case nor a close association with the accused or an alleged victim of a charged offense. The 

bailiff will ordinarily be a senior petty officer. Trial counsel is responsible for briefing the bailiff 

as to the bailiff’s duties. If a bailiff is not present, trial counsel will perform the bailiff’s duties.

Rule 31: Guards. 

The physical location of guards inside the courtroom shall be approved by the military judge. If 

the accused is in pretrial confinement or restriction, the guard will typically sit in the gallery 

directly behind the accused. In all other cases, the guard will typically sit on the side of the court 

with direct access to the accused but in a manner that is least disruptive to the proceedings. 

Rule 32: Courtroom Security.

Rule 32.1: Military Judge’s Authority. The presiding military judge may prescribe Rules in 

any case to establish courtroom security as necessary.

Rule 32.2: Government Responsibility. The government is responsible for ensuring the 

courtroom facility is in compliance with all applicable orders and directives governing courtroom 

safety requirements. Notwithstanding such orders and directives, counsel must inform the 
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military judge whenever they believe extra precautions and/or security measures should be 

implemented.

Rule 32.3: Weapons. The wearing or carrying of weapons in the courtroom by any personnel, 

to include guards, is prohibited except when authorized by the detailed military judge. Most 

courtrooms used in the Coast Guard are not stand-alone courtrooms and are located in multipurpose buildings. The federal or military authorities responsible for building entry may impose 

more restrictive Rules prohibiting firearms from entering a building, even if a military judge 

were to permit wearing of carrying a firearm inside the courtroom itself.

Section IX. Miscellaneous

Rule 33: Remote Requirements. 

Rule 33.1: Hearings. Consistent with the Rules for Courts-Martial and applicable Coast Guard 

instructions, a military judge may conduct remote hearings as needed to complete Article 30a 

sessions for pre-referral subpoenas, orders, or warrants, or Article 39(a) sessions for 

arraignments, motions practice, and any other sessions permitted by the military judge. Remote 

hearings occur when the military judge is located in a different site than the accused and court 

reporter. 

(a) The accused must be physically located with at least one defense counsel during 

any remote hearing at which the accused is entitled to be present. 

(b) Guilty pleas will not be accepted remotely. 

(c) Two-way audio and visual transmissions (in color) shall be utilized to conduct 

remote sessions of court. 

(d) The Government will ensure that all sites satisfy technology and security 

requirements. 

(e) Knowledgeable support personnel shall be available at both locations to assist 

with technical issues that may arise. 

Rule 33.2: Testimony. Separate from remote hearings–and consistent with the Rules for 

Courts-Martial–the military judge may permit witnesses to testify via electronic means. The 

court reporter will transcribe the witness’ testimony in the same manner as a normal witness. 

Rule 33.3: Appearances. The military judge may allow a counsel to appear via electronic 

means. The court reporter will transcribe the counsel’s statements in the same manner as though 

the counsel was present in court.

Rule 33.4: Attendance. SVC and (alleged) victims may attend court proceedings via electronic 

means in accordance with Rule 8.3.
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Rule 33.5: Public Access. Remote sessions are open to the public at the site designated by the 

presiding military judge consistent with the 6th Amendment, R.C.M. 504(d)(1) and R.C.M. 804.

Rule 33.6: Loss of Communications. An automatic recess will be taken if communications 

(audio or video) are lost during a session conducted by remote means. The court reporter shall 

make the appropriate notation in the record and cease recording the court session. Once full 

communications are restored, the military judge will call the court back to order.

Rule 34: Contempt Proceedings 

Rule 34.1: Authority. Military judges are empowered to punish persons in accordance with 

Article 48, UCMJ, and R.C.M.s 801(b), and 809 for direct or indirect contemptuous behavior. 

Such contempt power is to be exercised with restraint and in strict compliance with the statute 

and the implementing Rule for Court-Martial.

Rule 34.2: Notification. If a military judge intends to hold a contempt proceeding under R.C.M.

809(b)(2), the military judge shall notify the subject of the proceeding in writing, 

notwithstanding the provision in the Rule allowing for oral notification.

Section X. Effective Date

Rule 35: Effective date. 

The foregoing Court Rules of Practice and Procedure before Coast Guard Courts-Martial are 

approved and effective 03 August 2022.

T. R. Fowles

Captain, U.S. Coast Guard

Chief Trial Judge