Section 13A-705 – Continuances
The military judge of a court–martial or a summary court–martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.
Section 13A-706 – Challenges
(a) (1) (i) The military judge and members of a general or special court–martial may be challenged by the accused or the trial counsel for cause stated to the court. (ii) The military judge shall determine the relevancy and validity of challenges for cause and may not receive a challenge to more than one person at a time. (iii) Challenges […]
Section 13A-707 – Oaths or Affirmations
(a) (1) Before performing their respective duties, military judges, general and special courts–martial members, trial counsel, defense counsel, reporters, and interpreters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully. (2) The form of the oath or affirmation, the time and place of the taking thereof, the manner of recording […]
Section 13A-708 – Statute of Limitations
(a) A person charged with absence without leave or missing movement in time of war, murder, rape or sexual assault, or rape or sexual assault of a child may be punished at any time without limitation. (b) Except as otherwise provided in this section, a person charged with an offense is not liable to be tried by […]
Section 13A-709 – Former Jeopardy
(a) A person may not, without the consent of the person, be tried a second time for the same offense. (b) A proceeding in which an accused has been found guilty by a court–martial on any charge or specification is not a trial in the sense of this section until the finding of guilty has become final […]
Section 13A-710 – Pleas of the Accused
(a) If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up a matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if the accused fails or refuses to […]
Section 13A-711 – Opportunity to Obtain 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 as prescribed by regulations and provided by law. (b) (1) Any subpoena or other process issued under this article will pertain only to military personnel or military property. (2) Except as otherwise authorized by the court for good cause, […]
Section 13A-712 – Refusal to Appear or Testify
A person not subject to this title may be punished by a State court of competent jurisdiction if the person: (1) has been duly subpoenaed to appear as a witness or to produce books and records before a court–martial or court of inquiry, or before any military or civil officer designated to take a deposition to […]
Section 13A-713 – Contempt
(a) A military judge or summary court–martial officer may punish for contempt a person who uses any menacing word, sign, or gesture in the judge’s or officer’s presence, or who disturbs the proceedings by riot or disorder. (b) A person subject to this title may be punished for contempt by confinement not to exceed 30 days or […]
Section 13A-714 – Depositions
(a) At any time after charges have been signed as provided in § 13A–601 of this title, any party may take oral or written depositions unless the military judge or summary court–martial officer hearing the case or, if the case is not being heard, an authority competent to convene a court–martial for the trial of those […]