40.173. Record of proceedings authentication--verbatim, record not required when--copy to be furnished accused, when.
Record of proceedings authentication--verbatim, record not requiredwhen--copy to be furnished accused, when.
40.173. 1. Each general court-martial shall keep a separaterecord of the proceedings of the trial of each case broughtbefore it and the record shall be authenticated by the signatureof the military judge. If the record cannot be authenticated bythe military judge by reason of the judge's death, disability, orabsence, it shall be authenticated by the signature of the trialcounsel or by a member of the court-martial if the trial counselis unable to authenticate it by reason of his death, disability,or absence. If the proceedings have resulted in an acquittal ofall charges and specifications or in a sentence not includingdischarge and not in excess of that which may otherwise beadjudged by a special court-martial, the record need not containa verbatim account of the proceedings and testimony before thecourt, but shall contain such matters as the governor may byregulation prescribe.
2. Each special and summary courts-martial shall keep aseparate record of the proceedings in each case, which recordshall contain such matter and shall be authenticated in suchmanner as the governor may by regulation prescribe.
3. A copy of the record of the proceedings of each generaland special court-martial shall be given to the accused as soonas it is authenticated. If a verbatim record of trial by generalcourt-martial is not required by subsection l of this section,but has been made, the accused may buy such a record under suchregulations as the governor may prescribe.
(L. 1984 H.B. 1035 § 55)