130.52 – Number of Votes Required.
§ 130.52. Number of votes required. (a) No person shall be convicted of any offense, except as provided in subdivision (b) of section 130.45 of this chapter, or by the concurrence of two-thirds of the members present at the time the vote is taken. (b) All sentences shall be determined by the concurrence of two-thirds […]
130.53 – Court to Announce Action.
§ 130.53. Court to announce action. Every court-martial shall announce its findings and sentence to the parties as soon as determined.
130.54 – Record of Trial.
§ 130.54. Record of trial. (a) Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his death, disability, or absence, it […]
130.49 – Depositions.
§ 130.49. Depositions. (a) At any time after charges have been signed as provided in section 130.30, any party may take oral or written depositions unless the military judge or court-martial without a military judge hearing the case or, if the case is not being heard, an authority competent to convene a court-martial for the […]
130.50 – Admissibility of Records of Courts of Inquiry.
§ 130.50. Admissibility of records of courts of inquiry. (a) In any case not extending to the dismissal of an officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, […]
130.51 – Voting and Rulings.
§ 130.51. Voting and rulings. (a) Voting by members of a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a military judge upon questions of challenge, shall be by secret written ballot. The junior member of the court shall in each case count the votes, […]
130.39 – Sessions.
§ 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) […]
130.40 – Continuances.
§ 130.40. Continuances. The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.
130.41 – Challenges.
§ 130.41. Challenges. (a) 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. The military judge, or, if none, the court, shall determine the relevancy and validity of challenges for cause, and shall not receive a challenge […]
130.42 – Oaths.
§ 130.42. Oaths. (a) Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of […]