Section 218 – Contempt — Penalty.
Effective 5/4/2022 39A-5-218. Contempt — Penalty. (1) A military court may punish for contempt any individual who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any disorderly conduct. (2) The punishment may not exceed confinement for three days in the county jail of the county where the […]
Section 219 – Obtaining evidence and witnesses — Procedure.
Effective 5/4/2022 39A-5-219. Obtaining evidence and witnesses — Procedure. The trial and defense counsel, and the military court, have equal opportunity to obtain witnesses and other evidence under: (1) regulations promulgated by the governor or adjutant general; (2) the applicable rules of civil and criminal procedure; or (3) state or federal law. Renumbered and Amended […]
Section 220 – Depositions — Procedure.
Effective 5/4/2022 39A-5-220. Depositions — Procedure. (1) After charges have been signed under Section 39A-5-114, any party may take oral or written depositions unless the military judge hearing the case, or if the case is not being heard, an authority competent to convene a military court for the trial of the charges prohibits the depositions […]
Section 221 – Sworn testimony — Read in evidence.
Effective 5/4/2022 39A-5-221. Sworn testimony — Read in evidence. (1) The sworn testimony of a case which is contained in the authenticated record of proceedings of a court of inquiry, of an individual whose oral testimony cannot be obtained, may be read in evidence by any party before a military court if: (a) the sworn […]
Section 222 – Voting by military court members — Procedure — Presumption of innocence — Reasonable doubt — Burden of proof.
Effective 5/4/2022 39A-5-222. Voting by military court members — Procedure — Presumption of innocence — Reasonable doubt — Burden of proof. (1) (a) The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. (b) A ruling made by the military judge upon a question of law or […]
Section 213 – Military court — Challenge for cause — Peremptory challenge.
Effective 5/4/2022 39A-5-213. Military court — Challenge for cause — Peremptory challenge. (1) The military judge and members of a military court may be challenged by the accused or the trial counsel for cause stated to the court. The military judge of the court shall determine the relevancy and validity of challenges for cause, and […]
Section 214 – Military court members — When excused — Trial procedure.
Effective 5/4/2022 39A-5-214. Military court members — When excused — Trial procedure. (1) A member of a military court may not be absent or excused after the court has been assembled for the trial of the accused, except because of physical disability, the result of a challenge, or for good cause by order of the […]
Section 215 – Military court — Continuance.
Effective 5/4/2022 39A-5-215. Military court — Continuance. The military judge may, upon good cause shown, grant a continuance to trial or defense counsel for a stated period of time, when a continuance appears to be just. Renumbered and Amended by Chapter 373, 2022 General Session
Section 216 – Military court — Session — Procedures.
Effective 5/4/2022 39A-5-216. Military court — Session — Procedures. (1) After the service of charges has been referred for trial to a military court composed of a military judge and panel members, the military judge may, subject to Section 39A-5-118, call the court into session. The session shall be: (a) made a part of the […]
Section 203 – Jurisdiction — Punishments.
Effective 5/4/2022 39A-5-203. Jurisdiction — Punishments. (1) (a) A military court in this state has jurisdiction to try individuals subject to this chapter for any offense punishable by this chapter. (b) The military court may, under limitations the governor may prescribe, and under applicable state and federal regulations governing punishment, impose any punishment described in […]