Pretrial Timeline IAW Rules Of Practice Before Army CourtsMartial

pretrial timeline iaw rules of practice before army courts-martial (1 nov 2013) u.s. v. _____________________________________ referral

Pretrial Timeline IAW Rules of Practice Before Army Courts-Martial (1
Nov 2013)
U.S. v. _____________________________________
Referral Date: ______________________________
Trial Date: _________________________________
Obligated Party
Requirement
When Required by Rules
Date
Prosecution
Serve charge sheet on the accused and defense counsel. Rule 1.1
Within 24 hours of referral.
Prosecution
Provide copy of the charge sheet(s), convening order(s), and the
accused’s ERB/ORB to the military judge.
Rule 1.1
After service on the accused and within 24 hours of referral.
Prosecution
Complete Section A of Electronic Docket Request (EDR) and provide it
to defense counsel. Rule 1.1
NLT next duty day after referral.
Defense
Complete Section B of EDR and return it to the trial counsel. Rule 1.1
Within 3 days of receipt of Section A from trial counsel.
Prosecution
Complete Section C of EDR and forward to the military judge.
Rule 1.1
NLT the next duty day after receipt of Section B from defense counsel.
Court
Set arraignment date and trial date.
Rule 1.1
Normally within 1 duty day of receipt of EDR – period of delay from
receipt of referred charge sheet until arraignment is considered court
approved delay under RCM 707(c).
Defense
Notify the trial counsel in writing of intent to offer the defense of
alibi, innocent ingestion, lack of mental responsibility, or intent to
introduce expert testimony as to the accused’s mental condition and
RCM 701(b)(2). Rule 2.2.4
NLT 10 duty days before the scheduled Art. 39(a) session and/ or trial
date (whichever is earlier).
Defense
Notify judge and trial counsel of trial forum, anticipated pleas, and
file motions. Includes pleas by exception and substitutions. Rule
2.2.1
NLT 10 duty days prior to 39(a) to resolve motions or date of trial
(whichever is earlier).
Defense
Notify trial counsel of any witnesses the defense wants the Government
to produce. Requests must comply with RCM 703. Rule 2.2.3
NLT 10 duty days prior to
trial or 39(a). Earlier notice may be required for some witnesses.
Prosecution
Notify the defense counsel in writing of any witness of which the
Government denies production and reasons for denial. Rule 2.2.3
ASAP upon receipt of defense witness request.
Obligated Party
Requirement
When Required by Rules
Date
Pros/Def
Provide judge, opposing counsel, and court reporter a complete witness
list. Rules 2.1.8 & 2.2.5
NLT 7 duty days prior to trial.
Pros/Def
If nonmoving party opposes a motion filed by the other party, the
nonmoving party must file a response with the judge and opposing
counsel.
Rule 3
Within 3 duty days after the motion is received or 2 days before any
hearing on the motion (whichever is earlier).
Prosecution
Provide copy of the offer portion of an OTP (not the Quantum) and any
Stipulation of Fact to the judge. 2.1.1
Immediately after approval, but NLT 2 duty days prior to trial.
Prosecution
Provide the judge and defense counsel all convening orders including
amending orders, seating chart, flyer, and findings and sentencing
worksheets. Rule 2.1.9
NLT 2 duty days before trial.
Pros/Def
Provide judge copies of proposed collective voir dire questions.
Provide judge and opposing counsel of requested specialized
instructions. Rules 2.1.9 & Rule 21
NLT 2 duty days before trial.
Pros/Def
Notify judge whenever an OTP or a request for discharge/resignation in
lieu of court-martial has been submitted. Rule 2.1.2
Immediately after submission.
Prosecution
Notify judge and defense counsel if an alternate disposition has
occurred or is likely to occur. Rule 2.1.2
As soon as known.
Prosecution
Notify judge and defense counsel of any charges or specifications upon
which evidence will not be presented.
Rule 2.1.2
As soon as determined, but NLT 2 duty days prior to trial.
*Notes:
1. You should assume that when the Rules require you to submit
something no later than (NLT) a set number of duty days, the Rules
intend for those to be full duty days. For example, if a requirement
is due NLT 7 duty days before trial, you must submit it by COB on the
8th day prior to trial or at the start of business on the 7th day.
This leaves 7 duty days between the submission and trial. A “DONSA”
(or equivalent) is a duty day. Installation-wide training holidays are
not duty days (unit training holidays that are not installation-wide
are duty days).
2. The Rules set a requirement for notice of motions for defense, but
not the government. If you are the moving party on a motion, the
deadline for any motion is the same as for defense (10 duty days
before trial).
3. Nothing in the Rules prevent you from working with opposing counsel
and the military judge to resolve issues and motions earlier where the
issues have potential impact on obtaining out-of-town/country
witnesses, evidence, or how the court-martial will proceed.
4. If extraordinary circumstances occur and you are going to miss a
deadline, do not just ignore it and assume it is acceptable. Inform
the military judge and ask for additional time.
5. The Rules are superseded by any order or guidance provided by the
military judge on a specific case.