Article 32 hearings require formal recording through court reporters or audio recording systems, creating verbatim records for subsequent use. RCM 405(j) mandates recording testimony unless impracticable, with summarized recordings permitted only in extraordinary circumstances. Modern practice overwhelmingly favors complete verbatim transcription given technology availability and record importance.
Transcription timing varies based on case progression, with expedited transcripts available for immediate post-hearing negotiations or speedy referral decisions. Defense counsel receive transcript copies enabling trial preparation and impeachment material preservation. Government use includes reviewing testimony for consistency and preparing witnesses for trial testimony.
Audio or video recording supplements written transcripts, capturing tone and demeanor lost in text. Some jurisdictions provide video recordings enhancing review capability. Classification issues may limit recording methods for sensitive testimony. Technical failures require detailed summaries though verbatim records strongly preferred.
Later uses encompass impeachment at trial, unavailable witness testimony substitution, appellate review of pretrial proceedings, and ineffective assistance claims regarding hearing performance. Accurate records prove essential for professional responsibility investigations or unlawful command influence claims. The requirement recognizes Article 32 hearings’ significance warranting preservation comparable to trial proceedings. Defense counsel should verify recording functionality preventing lost testimony opportunities.