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Official Code of Georgia Annotated

Title 38. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS · Chapter 2. MILITARY AFFAIRS · Article 5. CODE OF MILITARY JUSTICE · Part 7. TRIAL PROCEDURES

38-2-1054. Trial record; contents; authentication; accused entitled to copy.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Each general and special court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his or her death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member, if the trial counsel is unable to authenticate it by reason of his or her death, disability, or absence. In a court-martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this subsection.#

  2. (b)
    1. (1)

      A complete verbatim record of the proceedings and testimony shall be prepared in each general and special court-martial case resulting in a conviction.#

    2. (2)

      In all court-martial cases other than as provided for by paragraph (1) of this subsection, the record shall contain such matters as may be prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter.#

  3. (c)

    Each summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be authenticated in the manner as may be prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter.#

  4. (d)

    A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 38-2-1054, enacted by Ga. L. 2015, p. 753, § 1/HB 98.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t37-t39-(v28)-2021-pdf.pdf, Volume V28, 2021 edition, pages 483 to 484; merge action: carried; file SHA-256 4eed692485f5.