(a) A person charged with desertion or absence without leave in time of war or with aiding the enemy or with mutiny may be tried and 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 court-martial if […]
(a) Charges and specifications shall be signed by a person subject to this code under oath before a person authorized by this code to administer oaths and shall state: (1) That the signer has personal knowledge of, or has investigated the matters set forth therein; and (2) That they are true in fact to the […]
(a) No person subject to this code may compel any person to incriminate himself or herself or to answer any question, the answer to which may tend to incriminate him or her. (b) No person subject to this code may interrogate or request any statement from an accused or a person suspected of an offense […]
(a) A preliminary hearing shall be held in accordance with 10 U.S.C. § 832 et seq., as it existed on January 1, 2019, before the referral of charges and specifications for trial by general court-martial. (b) (1) Under rules prescribed by the Governor, a preliminary hearing is not required if the accused submits a written […]
(a) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the State Judge Advocate for consideration and advice. (b) The convening authority shall not refer a charge to a general court-martial for trial unless he or she has found that the charge alleges an offense under this […]
When a person is held for trial by general court-martial, the commanding officer shall, within eight (8) days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the Governor. If that is not practicable, he or she shall report in writing to […]
(a) The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused, or the defense counsel, a copy of the charges upon which trial is to be held. (b) In time of peace, no person may, against his or her objection, be brought to trial before a […]
The procedures used by general, special, and summary courts-martial shall be similar to those established by the United States Congress for similar courts of the United States Army and United States Air Force; however, the Governor has executive authority over the military courts of the organized militia and may implement state-specific procedural rules when necessary […]
(a) No authority convening a general, special, or summary court-martial nor any other commanding officer or officer serving on the staff thereof may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof with respect to the findings or sentence adjudged by the court or with respect to any other exercise […]
(a) The trial counsel of a general or special court-martial shall prosecute in the name of the state and shall, under the direction of the court, prepare the record of the proceedings. (b) The accused has the right to be represented in his or her defense before a general or special court-martial by: (1) Civilian […]
(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. […]
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.
(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 […]
(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.
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 […]
(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 […]
(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 […]
(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, […]
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 […]
(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.
