29B.40 - SESSIONS.
29B.40 SESSIONS.
1. At any time after the service of charges referred for trial to
a court-martial composed of a military judge and members, the
military judge may, subject to this chapter, call the court into
session without the presence of the members for the purpose of any of
the following:
a. Hearing and determining motions raising defenses or
objections which are capable of determination without trial of the
issues raised by a plea of not guilty.
b. Hearing and ruling upon any matter which may be ruled upon
by the military judge under this code, whether or not the matter is
appropriate for later consideration or decision by the members of the
court.
c. If permitted by rules of the adjutant general holding the
arraignment and receiving the pleas of the accused.
d. Performing any other procedural function which may be
performed by the military judge under this code or under rules
adopted pursuant to this code and which does not require the presence
of the members of the court.
2. a. These proceedings shall be conducted in the presence of
the accused, the defense counsel, and the trial counsel and shall be
made a part of the record.
b. When the members of a court-martial deliberate or vote,
only the members may be present. All other proceedings, including
any other consultation of the members of the court with counsel or
the military judge, shall be made a part of the record and shall be
in the presence of the accused, the defense counsel, the trial
counsel, and in cases in which a military judge has been detailed to
the court, the military judge. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 29B.40; 82 Acts, ch 1042, § 23] Section History: Recent Form
2008 Acts, ch 1032, § 201
Referred to in § 29B.36