(a) Each general or special court-martial shall keep a separate record of the proceedings in each case brought before it. The record shall be certified by a recorder of the proceedings and authenticated by the signatures of the military judge and the senior member of the panel or military judge alone if presided by a judge alone. If the record cannot be authenticated by either the military judge or senior member of the panel, by reason of death, disability, or absence, it shall be signed by the next senior member of the panel in lieu of the military judge or senior officer. If both the military judge and the senior member of the panel are unavailable, the record shall be authenticated by two members of the panel.
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Terms Used In Hawaii Revised Statutes 124B-81

  • Adjutant general: means the adjutant general of the State as defined in section 121-7. See Hawaii Revised Statutes 124B-1
  • Confinement: means the physical restraint of a person. See Hawaii Revised Statutes 124B-1
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Governor: means the governor of the State. See Hawaii Revised Statutes 124B-1
  • Military: refers to any or all of the armed forces. See Hawaii Revised Statutes 124B-1
  • Military judge: means an official of a general or special court-martial detailed in accordance with part V of this chapter. See Hawaii Revised Statutes 124B-1
  • Officer: means a commissioned officer. See Hawaii Revised Statutes 124B-1
  • Record: when used in connection with the proceedings of a court-martial or court of inquiry, means:

    (1) An official written transcript, written summary, or other writing relating to the proceedings; or
    (2) An official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced. See Hawaii Revised Statutes 124B-1
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) Each summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be certified in the manner required by rules adopted by the governor or adjutant general or as required by this chapter.
(c) Except as provided in subsection (d), the record shall contain matters as prescribed by the governor or adjutant general by rule.
(d) In accordance with rules adopted by the governor or adjutant general, a complete record of proceedings and testimony shall be prepared in any case of a sentence of dismissal, discharge, confinement for more than six months, or forfeiture of pay for more than six months.
(e) A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is certified.
(f) In the case of a general or special court-martial, upon request, a copy of all prepared records of the proceedings of the court-martial shall be given to the victim of the offense if the victim testified during the proceedings. The records of the proceedings shall be provided without charge and as soon as the records are certified. The victim shall be notified of the opportunity to receive the records of the proceedings.

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