Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record must be authenticated by the signature of the military judge. If the record may not be authenticated by the military judge by reason of his death, disability, or absence, it must 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 death, disability, or absence. In a court-martial consisting of only a military judge the record must be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this paragraph. If the proceedings have resulted in an acquittal of all charges and specifications or, if not affecting a general or flag officer, in a sentence not including discharge or confinement and not in excess of that which may otherwise be adjudged by a special court-martial, the record shall contain such matters as may be prescribed by regulations of the Governor or the Adjutant General. A copy of the record of the proceedings of each general and special court-martial must be given to the accused as soon as it is y be prescribed by regulations of the Governor or the Adjutant General. A copy of the record of the proceedings of each general and special court-martial must be given to the accused as soon as it is authenticated. Summary court-martial proceedings must use documents promulgated by regulations of the Adjutant General. HISTORY: 1984 Act No. 378, Section 28; 2001 Act No. 85, Section 37; 2024 Act No. 145 (H.4642), Section 12, eff May 13, 2024.
South Carolina Legal Code