322.049 – Article 49 — Depositions.
322.049 Article 49 — Depositions. (1) At any time after charges have been signed as provided in s. 322.030, 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 […]
322.040 – Article 40 — Continuances.
322.040 Article 40 — 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. History: 2007 a. 200; 2009 a. 179.
322.041 – Article 41 — Challenges.
322.041 Article 41 — Challenges. (1) (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 the court shall determine the relevancy and validity of challenges for cause and may not receive a […]
322.042 – Article 42 — Oaths or affirmations.
322.042 Article 42 — Oaths or affirmations. (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. The form of the oath or affirmation, the time and place […]
322.043 – Article 43 — Statute of limitations.
322.043 Article 43 — Statute of limitations. (1) Except as otherwise provided in this section, a person charged with any offense is not liable to be tried by court-martial or punished under s. 322.015 if the offense was committed more than 3 years before the receipt of sworn charges and specifications by an officer exercising […]
322.044 – Article 44 — Former jeopardy.
322.044 Article 44 — Former jeopardy. (1) No person may, without his or her consent, be tried a 2nd time for the same offense. (2) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial under this section until the finding of guilty has […]
322.039 – Article 39 — Sessions.
322.039 Article 39 — Sessions. (1) 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 s. 322.035, call the court into session without the presence of the members for the purpose of any of […]
322.036 – Article 36 — Governor may prescribe regulations.
322.036 Article 36 — Governor may prescribe regulations. Pretrial, trial, and post-trial procedures, including modes of proof, for courts-martial cases arising under this code, and for courts of inquiry, may be prescribed by the governor by regulations, or as otherwise provided by law, which shall apply the principles of law and the rules of evidence […]
322.037 – Article 37 — Unlawfully influencing action of court.
322.037 Article 37 — Unlawfully influencing action of court. (1) No authority convening a general, special, or summary court-martial, nor any other commanding officer, or officer serving on the commanding officer’s staff, may censure, reprimand, or admonish the court or any member, the military judge, or counsel, with respect to the findings or sentence adjudged […]
322.038 – Article 38 — Duties of trial counsel and defense counsel.
322.038 Article 38 — Duties of trial counsel and defense counsel. (1) The trial counsel of a general or special court-martial shall be an attorney licensed to practice in this state and shall prosecute in the name of the state, and shall, under the direction of the court, prepare the record of the proceedings. (2) […]