Section 130.29. Absent and additional members


Latest version.
  • (a) No member of a general
      or special court-martial shall be absent or excused after court has been
      assembled for the trial of the accused except for physical disability or
      as a result of a challenge or by order of the  convening  authority  for
      good cause.
        (b)   Whenever   a   general   court-martial   other  than  a  general
      court-martial composed of a military judge only is  reduced  below  five
      members,  the  trial  shall  not  proceed unless the convening authority
      appoints new members sufficient in number to provide not less than  five
      members.  The  trial  may proceed with the new members present after the
      recorded evidence previously introduced before the members of the  court
      has  been  read  to the court in the presence of the military judge, the
      accused, and counsel for both sides.
        (c)  Whenever  a  special  court-martial,   other   than   a   special
      court-martial  composed of a military judge only, is reduced below three
      members, the trial shall not  proceed  unless  the  convening  authority
      appoints new members sufficient in number to provide not less than three
      members.  The  trial shall proceed with the new members present as if no
      evidence had previously been introduced at the trial, unless a  verbatim
      record of the evidence previously introduced by the members of the court
      or  a  stipulation  thereof  is read to the court in the presence of the
      military judge, if any, the accused, and counsel for both sides.
        (d) If the military judge of a court-martial composed  of  a  military
      judge  only  is  unable  to  proceed  with the trial because of physical
      disability, as a result of a challenge, or for  other  good  cause,  the
      trial  shall  proceed,  subject  to any applicable conditions of section
      130.16 of this chapter, after the detail of a new military judge  as  if
      no  evidence had previously been introduced, unless a verbatim record of
      the evidence previously introduced or a stipulation thereof is  read  in
      court  in  the  presence  of  the  new  military judge, the accused, and
      counsel for both sides.