US Lawyer Database

§ 12-64-511. Sessions — Records of proceedings

(a) Whenever a general or special court-martial deliberates or votes, only the members of the court may be present. (b) After a general court-martial has finally voted on the findings, the court may request the military judge and the reporter to put the findings in proper form; and those proceedings shall be on the record. […]

§ 12-64-512. Continuances

A court-martial may, for reasonable cause, grant a continuance to any party for such time and as often as may appear to be just.

§ 12-64-513. Challenges

(a) (1) Members of a general or special court-martial and the military judge of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. (2) The court shall determine the relevancy and validity of challenges for cause and may not receive a challenge to […]

§ 12-64-514. Oaths

(a) The military judge, interpreters, and, in general and special courts-martial, members, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, and reporters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully. (b) Each witness before a military court shall be examined on oath or affirmation.

§ 12-64-515. Pleas of the accused

If an accused arraigned before a court-martial makes an irregular pleading, or enters a plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he or she fails or refuses to plead, a plea of not guilty shall be entered in the record and the court shall proceed as […]

§ 12-64-516. Obtaining witnesses and other evidence

(a) The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such rules as the Governor may prescribe. (b) The military judge, the president of a court-martial, or a summary court officer may: (1) Issue a warrant for the arrest of any accused […]

§ 12-64-517. Depositions

(a) (1) At any time after charges have been signed as provided herein, any party may take oral or written depositions unless an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. (2) If a deposition is to be taken before charges are referred for trial, such […]

§ 12-64-518. Issuance of process, subpoenas, etc

(a) Military courts may issue all process and mandates necessary to carry into effect the powers vested in those courts. (b) The courts may issue subpoenas and subpoenas duces tecum and enforce by attachment attendance of witnesses and production of books and records when the courts are sitting within the state and the witnesses, books, […]

§ 12-64-519. Refusal to appear or testify

Any person not subject to this code is guilty of an offense against the state and may be punished in the same manner as if committed before civil courts of the state if he or she: (1) Has been duly subpoenaed to appear as a witness or to produce books and reports before a military […]

§ 12-64-520. Contempt

(a) A military court may punish for contempt a person who uses a menacing word, sign, or gesture in its presence, or who disturbs its proceedings by riot or disorder. (b) The punishment may not exceed confinement for thirty (30) days or a fine of five hundred dollars ($500), or both.