Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 6 - Trial Procedures › Section II-602 - Courtroom Procedure Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Pursuant to LCMJ Article 36, and unless otherwise specifically stated by the
				military judge or other competent authority, the following rules of courtroom
				procedures shall apply to all non-judicial punishment proceedings and
				courts-martial conducted under the LCMJ.
1.
				Decorum of Courtroom
Rule 1. As a traditional mark of respect for the dignity of
				  the military judicial system, as represented by the military judge, all persons
				  in the courtroom, without regard to grade, will rise when the military judge
				  enters or leaves.
Rule 2. The military judge, either at a Section 39(a) session
				  or at the time of assembling the court, should make known any special rules
				  relating to conduct which the accused, counsel, witnesses, members of the
				  court, and others in the courtroom will be expected to follow which are not set
				  forth in the Rules for Courts-Martial, Part II of the Manual for
				  Courts-Martial, United States, these rules, and the Louisiana Code of Military
				  Justice.
Rule 3. Except as otherwise provided by the military judge,
				  all military personnel who participate in the trial, including court members,
				  counsel, the accused, the reporter, the bailiff, guards, and witnesses, shall
				  appear in appropriate service uniform. Unless a court-martial is conducted in
				  the field the uniform shall be Class A. Military witness who are called
				  unexpectedly may be permitted to appear in other than service uniform to avoid
				  undue delay.
Rule 4. The military judge should be attired in a judicial
				  robe during open sessions of the trial of a case with members. In other cases
				  he should appear in appropriate service uniform.
Rule 5. Spectators are encouraged to attend trials and shall
				  be permitted to observe any trial unless otherwise ordered by the trial judge.
				  Spectators may enter and leave the courtroom during open sessions of court,
				  subject to the rules established by the military judge, but they will not be
				  permitted to disturb or interrupt court proceedings by their conduct.
Rule 6. It is improper for a spectator to demonstrate
				  agreement or disagreement with testimony or other events at trial, whether
				  verbally, by facial expressions, shaking or nodding of the head, or by any
				  other conduct. Spectators who violate this rule may be ordered from the
				  courtroom by the military judge. All counsel are responsible for advising their
				  clients, witnesses, and acquaintances of such persons who are in attendance, of
				  the demeanor required of them while the court is in session.
Rule 7. Smoking will not be permitted in the courtroom during
				  open sessions of the court, and may be permitted by the military judge at other
				  times only if smoking is permitted in the room when it is not being utilized as
				  a courtroom. Food and beverages, other than water, will not be permitted in the
				  courtroom, except with the prior express permission of the military
				  judge.
Rule 8. Photographs, sound recordings designed for public
				  release, and radio and television broadcasts shall not be made in or from the
				  courtroom during sessions of the trial except with prior approval of the
				  military judge.
2. Conduct
				of Counsel
Rule 9. Counsel owes a duty both to his client and to the
				  court. Counsel shall assist the military judge in maintaining throughout the
				  trial a quiet and dignified atmosphere in keeping with the highest traditions
				  of judicial proceedings in the military services. All counsel are responsible
				  for knowing and observing the proper relationship and decorum that must exist
				  between themselves and the military judge.
Rule 10. Unless otherwise authorized or directed by the
				  military judge, counsel shall stand when addressing the military judge or court
				  members.
Rule 11. While the accused is present or the court is in
				  session, counsel should refrain from any familiarity among themselves or with
				  the military judge, members of the court or witnesses. Direct colloquy,
				  argument or hostility between counsel serves no proper purpose in the trial and
				  shall not be permitted.
Rule 12. Counsel should conduct the questioning of witnesses
				  and arguments to the court at a reasonable distance from the witness or court.
				  At the discretion of the military judge, counsel may be required to question
				  witnesses and present arguments from a lectern, the counsel table, or other
				  prescribed place. Except to present an exhibit, counsel should not approach a
				  witness without asking permission of the military judge; nor should he position
				  himself so as to block the view between witnesses and the other participants in
				  the trial.
Rule 13. During argument of counsel, opposing counsel shall
				  remain seated at the counsel table. Counsel shall not walk about, talk to
				  others, or otherwise conduct himself so as to divert the attention of the court
				  or any member.
Rule 14. Except with the permission of the military judge,
				  only one counsel for each side (or, if there are multiple accused, one counsel
				  for each accused) may examine any one witness or address the court on any
				  particular issue or motion.
Rule 15. When counsel initially enters an objection, he shall
				  state only the objection and the basis for it. Before proceeding to argue an
				  objection, counsel will request permission of the military judge and ascertain
				  whether argument will be entertained in open or in an out-of-court session.
				  Although argument identifying legal issues and presenting authorities is
				  ordinarily appropriate, an objection or argument for the purpose of making a
				  speech, recapitulating testimony, or attempting to guide a witness is
				  prohibited.
Rule 16. After the military judge has announced his decision
				  on an objection, counsel shall not make further comment or argument except with
				  the express permission of the military judge.
Rule 17. All requests for rereading of questions or answers
				  shall be addressed to the military judge.
Rule 18. The military judge may initiate the voir dire
				  examination by referring to the charge against the accused and putting to the
				  members' questions touching upon their qualifications, including impartiality,
				  to serve as members of the court. The military judge shall permit such
				  additional questions, oral or written, as he deems reasonable and
				  proper.
Rule 19. Counsel shall confine their opening statements to
				  what they expect the evidence to prove. Counsel will not use the opening
				  statement to argue the case or to instruct as to the law.
Rule 20. In closing argument, counsel may make reasonable
				  comment on the evidence and may draw such inferences from the evidence as will
				  support his theory of the case, but he shall not assert his personal belief in
				  the justice of his cause or in the guilt or innocence of the accused; nor may
				  he personally vouch for the credibility or lack of credibility of
				  witnesses.
3. Witnesses
Rule 21. All witnesses will be treated with fairness and
				  consideration; they will not be unnecessarily crowded, shouted at, ridiculed,
				  humiliated, or otherwise abused.
Rule 22. A military witness should not salute the military
				  judge or the president of the court. In a trial by members, the accused will
				  salute and report to the president when he stands to receive the findings or
				  sentence. Counsel should insure that witnesses they present understand the
				  physical setup of the courtroom, where they should go, and what they should
				  do.
Rule 23. The court will cooperate with commanders, senior
				  staff officers, doctors and other professional witnesses and may accommodate
				  them by permitting them to appear and testify out of order. Counsel should
				  discuss such arrangements in advance with opposing counsel and the military
				  judge.
Rule 24. Each counsel should make arrangements before each
				  session to insure that his witnesses will be immediately available when
				  called.
4. Exhibits
Rule 25. Exhibits intended to be used or introduced at trial
				  should be marked "For Identification" prior to trial. Prosecution exhibits will
				  be marked consecutively with Arabic numerals and defense exhibits with capital
				  letters. When referring to an exhibit while questioning a witness or addressing
				  the court, counsel shall specify the exhibit number or letter.
Rule 26. Counsel tendering an exhibit shall have sufficient
				  copies made for the military judge and all opposing counsel. Proposed
				  prosecution exhibits should be shown to the defense counsel before trial.
				  Defense counsel may do likewise, but are not required to do so.
Rule 27. If an item of evidence cannot be included in the
				  record of trial for any reason, counsel offering it should arrange to have a
				  suitable substitute provided. Such a substitute shall include an accurate and
				  detailed description, either pictorially or written, as to the exhibit's size,
				  shape, weight, substance, color, and other relevant physical
				  characteristics.
Rule 28. If a copy of a document is to be substituted in the
				  record of trial for a document that was offered into evidence, only a permanent
				  type copy may be used.
5.
				Support Trial Personnel
Rule 29. A bailiff should be present at every trial to
				  announce the opening and closing of the court, to obtain witnesses as they are
				  called to testify, to ask everyone to rise when the military judge enters or
				  leaves the courtroom, and to take care of administrative errands during the
				  trial. The trial counsel is responsible for briefing the bailiff as to his
				  duties. If a bailiff is not present, the trial counsel or an assistant will
				  perform the bailiff's duties.
Rule 30. Unless otherwise directed by the military judge,
				  guards, if necessary, shall not be permitted inside the bar of the
				  courtroom.
6. Docketing and
				Other Procedural Matters
Rule 31. Each military judge should maintain his calendar in
				  a manner which will make efficient use of available time and provide for
				  expeditious scheduling of trials when requested by the commands which he
				  services.
Rule 32. When a number of uncontested cases are pending in a
				  single area, such cases should be consolidated for trial at a continuous
				  session of the court.
Rule 33. When a military judge is named to a case, the trial
				  counsel will advise the military judge of the general nature of the charges. As
				  preparation for the trial continues, he will keep the judge informed of the
				  estimated duration of the trial, whether it will be by judge alone, and whether
				  it will be contested. Counsel for both sides shall prepare for trial as
				  expeditiously as possible and will arrange with the military judge for a firm
				  trial date. Alternatively, in areas where the caseload justifies doing so, the
				  military judge may schedule periodic pretrial sessions to conduct arraignments,
				  enter pleas, hear motions, and set dates for future hearings and trials.
Rule 34. Counsel shall be prepared to dispose of all motions
				  at one LCMJ Article 39(a) session. As soon as practicable after being detailed
				  to serve, a defense counsel who wishes to present motions or other pleadings
				  will prepare and furnish to the trial counsel, copy to the military judge, a
				  Motions and Hearings Checklist, in substantially the form shown at the end of
				  these rules, accompanied by the motions or other pleadings presented. He will
				  indicate thereon those issues he wishes to litigate at a LCMJ Article 39(a)
				  session, specifying whether the hearing will involve argument only, or also
				  presentation of evidence. As soon as counsels have determined that a
				  preliminary hearing is necessary, they will arrange a hearing date with the
				  military judge. Motions or other pleadings which are required to be considered
				  at a preliminary hearing which are not presented in accordance with this rule
				  will not be entertained at a preliminary hearing or during trial except for
				  good cause shown and with permission of the military judge. If the convening
				  authority can provide the relief sought by counsel, thus making a preliminary
				  hearing unnecessary, a timely application therefore should be made to him. Only
				  those matters which are contested by the parties or which are not fully
				  satisfied by the trial counsel or convening authority will be scheduled for
				  preliminary hearing.
Rule 35. If defense counsel anticipates moving for dismissal
				  of any charge on the basis that the accused has been denied his right to a
				  speedy trial, counsel for both sides should endeavor, prior to trial, to enter
				  into and prepare a stipulation of fact as to the chronology of events. In any
				  case in which trial counsel anticipates that defense counsel may raise an issue
				  of denial of speedy trial, trial counsel shall prepare a chronology of events
				  in the case, even if defense counsel is not willing to stipulate to such facts.
				  In such case, trial counsel should also be prepared to present evidence to
				  prove the pre-trial events. If a motion or other issue involves only a dispute
				  between the parties as to an issue of law or ultimate question of fact, and not
				  as to the underlying facts, counsel should endeavor to enter into and prepare,
				  prior to trial, a stipulation of fact or a stipulation of expected testimony
				  covering those matters. Counsel may enter into such a stipulation for the
				  limited purpose of obtaining a ruling on a motion or other pleading.
Rule 36. In a trial with members, if either counsel desires
				  any specialized instructions, including any summarization of the evidence or
				  any instructions not contained in appropriate service publications (for
				  example, as are contained in the Military Judge's Benchbook, DA Pam 27-9), he
				  should submit such instructions to the military judge in writing prior to
				  commencement of the Section 39(a) instructions conference. If either counsel
				  desires a modification of a standard instruction from appropriate service
				  publications, he should also submit his proposed modification in writing prior
				  to commencement of the Section 39(a) instructions conference.
Rule 37. The military judge may enter special findings even
				  though not requested to do so by counsel for either side. Such findings should
				  not merely repeat what is available elsewhere in the record of trial, but
				  should be limited to those special findings of fact and conclusions of law
				  which were made by the military judge as the basis for his general findings of
				  guilt or innocence or his disposition of important motions. If counsel for
				  either side desires special findings, he should not only make a request
				  therefore, but he should also submit proposed special findings to the military
				  judge in writing, including when appropriate citations of legal
				  authority.