26-1036. Governor’s rule making authority A. Pretrial, trial and post-trial procedures, including modes of proof, for cases arising under this chapter triable in courts-martial, military commissions and other military tribunals, and procedures for courts of inquiry, may be prescribed by the governor by rules which, so far as practicable, apply the principles of law and […]
26-1037. Unlawfully influencing action of court A. An authority convening a general, special or summary court-martial, or any other commanding officer, shall not censure, reprimand or admonish the court or any member, military judge or counsel, with respect to the findings or sentence adjudged by the court, or with respect to any other exercises of […]
26-1038. Duties of trial counsel and defense counsel A. The trial counsel of a general or special court-martial shall prosecute in the name of the state and shall prepare, under the direction of the court, the record of the proceedings. B. The accused has the right to be represented in his defense before a general […]
26-1039. 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, subject to section 26-1035, may call the court into session without the presence of the members but conducted in the presence of the accused, the […]
26-1040. Continuances The military judge or a court-martial without a judge, for reasonable cause, may grant a continuance to any party for such time, and as often, as is just.
26-1041. 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 relevance and validity of challenges for cause and may not receive a challenge to […]
26-1042. Oaths A. Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of taking the oath, the manner […]
26-1043. Statute of limitations A. Except as otherwise provided in this article, a person charged with an offense is not liable to be tried by court-martial or punished under section 26-1015 if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction […]
26-1044. Former jeopardy A. No person, without his consent, may be tried a second time for the same offense. B. No proceeding in which an accused has been found guilty by court-martial on any charge or specification is a trial in the sense of this section until the finding of guilt becomes final after review […]
26-1045. Pleas of the accused A. If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he fails […]
26-1046. Opportunity to obtain witnesses and other evidence The trial counsel, the defense counsel and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with rules the governor adopts.
26-1047. Refusal to appear or testify Any person who has been duly subpoenaed to appear as a witness before a court-martial, military commission, court of inquiry or other military court or board, or before any military or civil officer designated to take a deposition to be read in evidence before such a court, commission or […]
26-1048. Contempt A court-martial may punish any person for contempt who uses any menacing word, sign or gesture in its presence or who disturbs its proceedings by any riot or disorder. The punishment shall not exceed confinement for thirty days or a fine of one hundred dollars, or both.
26-1049. Depositions A. At any time after charges have been signed as provided in section 26-1030, 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 trial […]
26-1050. Admissibility of records of courts of inquiry A. In any case not extending to the dismissal of a commissioned 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, if otherwise admissible under the rules of evidence, may […]
26-1051. 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 on questions of challenge, shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be […]
26-1052. Number of votes required A. A person shall not be convicted of any offense except as provided in section 26-1045 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 of the members present at the […]
26-1053. Announcement of action A court-martial shall announce its findings and sentence to the parties as soon as they are determined.
26-1054. 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 shall […]
