Section 130.39. Sessions

(a)  At  any  time after the service of charges
  which have been referred for trial to  a  court-martial  composed  of  a
  military  judge  and members, the military judge may, subject to section
  130.35 of this chapter, call the court into session without the presence
  of the members for the purpose of--
    (1) 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;
    (2)  hearing and ruling upon any matter which may be ruled upon by the
  military judge  under  this  chapter,  whether  or  not  the  matter  is
  appropriate for later consideration or decision by members of the court;
    (3)  if  permitted  by  regulations  issued  pursuant to this chapter,
  holding the arraignment and receiving the pleas of the accused; and
    (4) performing any other procedural function which may be performed by
  the military judge under this chapter or under rules prescribed pursuant
  to section 130.36 of  this  chapter  and  which  does  not  require  the
  presence  of  the  members  of  the  court.  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.