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Utah Code Title 39A. National Guard and Militia Act § 39A-5-226. Military court records

Current as of January 01, 2025 | Updated by Findlaw Staff

(1)(a) Each military court shall maintain a separate record of the proceedings in each case brought before it. Each record shall be authenticated by the signature of the military judge.

(b)(i) If the record cannot be authenticated by the military judge due to death, disability, or absence, it shall be authenticated by the signature of the trial counsel.

(ii) If the trial counsel is unable to authenticate due to death, disability, or absence, a member of the court panel shall authenticate the record by signature.

(c) In a court of only a military judge, the record shall be authenticated by the court reporter under the same conditions that a member of a court would authenticate under this section:

(i) if the proceedings have resulted in an acquittal of all charges and specifications; or

(ii) if the proceedings are not affecting a general or flag officer, for a sentence that does not include a discharge and is not in excess of that which may be prescribed by regulations of the governor.

(2) A copy of the record of the proceedings of each court shall be given to the accused as soon as it is authenticated.

(3) The expense in preparing and transmitting the record shall be by regulations prescribed by the governor or the adjutant general.

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Cite this article: FindLaw.com - Utah Code Title 39A. National Guard and Militia Act § 39A-5-226. Military court records - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-39a-national-guard-and-militia-act/ut-code-sect-39a-5-226/

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