DD Form 491-1 Summarized Record of Trial - Article 39(A) Session

DD Form 491-1 or the "Summarized Record Of Trial - Article 39(a) Session" is a Department of Defense-issued form used by and within the United States Army.

The form - often mistakenly referred to as the DA form 491-1 - was last revised on May 1, 2000. Download an up-to-date fillable PDF version of the DD 491-1 down below or find it on the Department of Defense documentation website.

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SUMMARIZED RECORD OF TRIAL - ARTICLE 39(a) SESSION
(Insert at place in record of trial where session takes place.)
PROCEEDINGS OF A
COURT-MARTIAL
In the case of
(Name: Last, First, Middle Initial)
(Social Security Number)
(Rank)
The military judge called the Article 39(a) session to order
at
hours,
,
, pursuant to the following orders:
1
Insert a copy of the convening orders and copies of any amending orders. Any written orders detailing the military judge or counsel will
1
be attached. Any request of an enlisted accused for enlisted court members will be inserted immediately following the convening orders,
together with any declaration of the non-availability of such enlisted person. Any request for trial by the military judge alone (MCM, 1984,
RCM 903(b)) or, in a special court-martial, any statement that qualified defense counsel (Article 27(c)) or military judge (RCM 201(f)(2))
could not be obtained will also be inserted at this point.
DD FORM 491-1, MAY 2000, Page 1
PREVIOUS EDITION IS OBSOLETE.
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SUMMARIZED RECORD OF TRIAL - ARTICLE 39(a) SESSION
(Insert at place in record of trial where session takes place.)
PROCEEDINGS OF A
COURT-MARTIAL
In the case of
(Name: Last, First, Middle Initial)
(Social Security Number)
(Rank)
The military judge called the Article 39(a) session to order
at
hours,
,
, pursuant to the following orders:
1
Insert a copy of the convening orders and copies of any amending orders. Any written orders detailing the military judge or counsel will
1
be attached. Any request of an enlisted accused for enlisted court members will be inserted immediately following the convening orders,
together with any declaration of the non-availability of such enlisted person. Any request for trial by the military judge alone (MCM, 1984,
RCM 903(b)) or, in a special court-martial, any statement that qualified defense counsel (Article 27(c)) or military judge (RCM 201(f)(2))
could not be obtained will also be inserted at this point.
DD FORM 491-1, MAY 2000, Page 1
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PERSONS PRESENT
1
PERSONS ABSENT
The accused and the following (regularly detailed defense counsel) (and assistant defense counsel) (counsel
introduced by him/her) were present.
The following detailed (reporter) (and) (interpreter) (was/were) (had been previously) sworn:
2
The trial counsel announced the legal qualifications and status as to oaths of all members of the prosecution
(and that he/she) (and
) had been detailed by (
).
The trial counsel further stated that no member of the prosecution had acted as investigating officer, military
judge, court member, or as a member of the defense in this case, or as counsel for the accused at a pretrial
investigation or other proceeding involving the same general matter except as indicated below.
3
List by rank and name (last, first, middle initial).
1
Applicable only when a reporter or interpreter is used.
2
If a member of the prosecution is disqualified because of prior participation, the disqualifying fact will be shown, together with the action
3
taken under RCM 505(d)(1) and 805(c).
DD FORM 491-1, MAY 2000, Page 2
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The defense counsel announced the legal qualifications and status as to oaths of all members of the defense
(and that he/she) (and
) had been detailed by (
).
The military judge ascertained that the accused had been informed of his/her right to be defended by legally
qualified counsel, certified by The Judge Advocate General, at no expense to him/her. The military judge
asked the accused if he/she understood this right. The accused responded that he/she did.
1
The military judge ascertained that the accused had been informed of his/her rights concerning counsel as set
forth in Article 38. The military judge asked the accused if he/she understood that he/she had the right to be
represented by civilian counsel if the accused provided that counsel; that he/she had the right to be represen-
ted by military counsel of his/her own selection if reasonably available, and if he/she did have civilian counsel,
the detailed counsel or military counsel of his/her own selection, if available, would act as associate counsel if
the accused so desired. The accused responded that he/she understood his/her rights with respect to counsel.
2
The defense counsel stated that no member of the defense had acted as the accuser, a member of the
prosecution, investigating officer, military judge, or a member of the court in this case except as indicated
below.
3
The record should reflect that the accused was afforded the opportunity to be defended by qualified counsel, declined qualified counsel, or
1
that qualified counsel could not be obtained. Delete if accused represented by detailed qualified counsel.
If the accused is represented by civilian counsel or military counsel of his/her choice, that part of the inquiry need not be conducted and the
2
inapplicable words should be deleted.
If a member of the defense has acted as a member of the prosecution, the record will show that he/she was excused and withdrew from
3
the court. If a member of the defense acted in another capacity, the record will show that the military judge explained to the accused that
this counsel could represent him/her only at his/her express request, and that the accused so requested or that suitable action was taken,
either by excusing the particular counsel or by adjournment pending the procurement of a counsel satisfactory to the accused (RCM 502(d)(4),
505(d)).
DD FORM 491-1, MAY 2000, Page 3
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The following detailed members of the defense were excused by the military judge at the express wish of the
accused:
The military judge and the personnel of the prosecution and defense who were not previously sworn in
accordance with Article 42(a) were sworn.
The prosecution and each accused were extended the right to challenge the military judge for cause.
The military judge was (not) challenged for cause (by
) (on grounds that
).
1
The record should show the grounds for the challenge, a summary of evidence presented, if any, and the action taken.
1
DD FORM 491-1, MAY 2000, Page 4
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The military judge ascertained that the accused had been advised of his/her right to request trial by the
military judge alone (and that the accused did not desire to submit such a request).
The military judge, after ascertaining that the accused's request was made voluntarily and understandingly,
(approved) (disapproved) the accused's request for trial by the military judge alone (and directed that the
written request be appended to the record as Appellate Exhibit
).
1
The trial counsel announced that the accused had (not) made a request in writing that the membership of the
court include enlisted persons. The defense counsel announced that the accused had been advised of his/her
rights in this respect prior to trial and had stated that he/she did (not) desire enlisted persons as court
members.
2
If the military judge approved the accused's request for trial before the military judge alone, the record should reflect," The Article 39(a)
1
session was terminated and the military judge announced that the court was assembled." The proceedings following assembly should then be
summarized using DD Form 491 summary pages (see Appendix 13, MCM). If the military judge disapproves tha accused's request for trial by
the military judge alone, the fact of such disapproval and the reason therefor must be recorded.
Line out if the accused is an officer.
2
DD FORM 491-1, MAY 2000, Page 5
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