Effective – 28 Aug 1984 40.079. Jurisdiction of courts-martial — accused of civil offense, release to civil authorities — accused of both civil and military offenses, released to civil authorities, when. — The jurisdiction of a court-martial is limited to the trial of persons accused of military offenses as described in sections 40.005 to 40.490. […]
Effective – 28 Aug 1984 40.083. Convening general courts-martial, persons authorized. — 1. General courts-martial may be convened by any of the following: (1) The governor; (2) The adjutant general; (3) The commanding officer of a division, a separate brigade, or a separate wing; (4) Any other commanding officer in any of the state military […]
Effective – 28 Aug 1984 40.085. Convening special courts-martial, persons authorized. — In the state military forces any person authorized to convene a general court-martial, the commanding officer of a garrison, fort, post, camp, station, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, […]
Effective – 28 Aug 1984 40.088. Convening summary courts-martial, persons authorized. — 1. In the state military forces any person authorized to convene a general or special court-martial, the commanding officer of a garrison, fort, post, camp, station, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, […]
Effective – 28 Aug 1984 40.090. Eligibility to serve on courts-martial — members, how determined — unit, defined — ineligible persons. — 1. Any commissioned officer of or on duty with the state military forces is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such […]
Effective – 28 Aug 1984 40.095. Military judge — appointment — qualifications — duties — restrictions. — 1. The authority convening a general or special court-martial shall detail a military judge thereto. A military judge shall preside over each open session of the court-martial to which the judge had been detailed. 2. A military judge […]
Effective – 28 Aug 1984 40.098. Trial counsel and defense counsel appointed, when — qualifications — restrictions. — 1. For each general and special court-martial the authority convening the court shall detail trial counsel and defense counsel, and such assistants as he considers appropriate. No person who has acted as investigating officer, military judge, or […]
Effective – 28 Aug 1984 40.100. Court reporters, appointment, when. — Under such regulations as the governor may prescribe, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court. Under like regulations, the […]
Effective – 28 Aug 1984 40.105. Members of general and special courts-martial required to be present, exceptions — members or military judge replaced, procedure. — 1. No member of a general or special court-martial shall be absent or excused after court has been assembled for the trial of the accused except for physical disability or […]
Effective – 28 Aug 1986 40.108. Charges — contents — oath — accused to be informed. — 1. Charges and specifications shall constitute an information and shall be signed by a person subject to sections 40.005 to 40.490 under oath before a person authorized by sections 40.005 to 40.490 to administer oaths and shall state: […]
Effective – 28 Aug 1984 40.112. Compelling self-incrimination prohibited — accused person’s rights — violations not admitted in evidence. — 1. No person subject to sections 40.005 to 40.490 shall compel any person to incriminate himself or to answer any question, the answer to which may tend to incriminate the person. 2. No person subject […]
Effective – 28 Aug 1984 40.114. Impartial investigation of charges required — accused person’s rights — demand for further investigation, procedure. — 1. No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall […]
Effective – 28 Aug 1984 40.117. Charges forwarded to officer exercising general court-martial jurisdiction, when — delay requirements. — When a person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and […]
Effective – 28 Aug 1984 40.119. Referring charges for trial requirements to be met in general court-martial. — 1. 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. The convening authority may not refer a charge to a general […]
Effective – 28 Aug 1984 40.121. Copy of charges served on accused by trial counsel — time requirement before he can be brought to trial. — The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to […]
Effective – 28 Aug 1984 40.124. Procedure in military courts. — The procedure, including modes of proof, in cases before military courts and other military tribunals may be prescribed by the governor by regulations, which shall apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in […]
Effective – 28 Aug 1984 40.126. Attempts to influence or coerce court prohibited — exceptions. — 1. No authority convening a general, special, or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, shall censure, reprimand or admonish the court or any member, military judge or counsel thereof, with respect […]
Effective – 28 Aug 1984 40.128. Trial counsel, duties — defense counsel, duties — accused’s right to provide civilian counsel or choose military — assistant counsels, duties. — 1. The trial counsel of a general or special court-martial shall prosecute in the name of the state of Missouri and shall, under the direction of the […]
Effective – 28 Aug 1984 40.130. Pretrial motions, arraignment, pleas, court in session without members — proceedings to be in presence of accused and counsel — exceptions, vote and deliberations of members. — 1. At any time after the service of charges which have been referred for trial to a court-martial composed of a military […]
Effective – 28 Aug 1984 40.133. Continuances, granted, when. — A military judge or a summary court may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just. ——– (L. 1984 H.B. 1035 § 41)
