10-U.S.C.-829
§829 – Art. 29. Absent and Additional Members
Pathway
Title 10 > Subtitle A > Part II > Chapter 47 > Subchapter V > Section 829
Details
- Reference: Section 829
- Legend: §829 – Art. 29. Absent and Additional Members
- USCode Year: 2013
Provision Content
(a) No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused unless excused as a result of a challenge, excused by the military judge for physical disability or other good cause, or excused by order of the convening authority for good cause.
(b)(1) Whenever a general court-martial, other than a general court-martial composed of a military judge only, is reduced below the applicable minimum number of members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than the applicable minimum number of members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused, and counsel for both sides.
(2) In this section, the term applicable minimum number of members means five members or, in a case in which the death penalty may be adjudged, the number of members determined under section 825a of this title (article 25a).
(c) Whenever a special court-martial, other than a special court-martial composed of a military judge only, is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. The trial shall proceed with the new members present as if no evidence had previously been introduced at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, if any, the accused and counsel for both sides.
(d) If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of section 816(1)(B) or (2)(C) of this title (article 16(1)(B) or (2)(C)), after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides.
(Aug. 10, 1956, ch. 1041, 70A Stat. 47; Pub. L. 90–632, §2(11), Oct. 24, 1968, 82 Stat. 1337; Pub. L. 98–209, §3(d), Dec. 6, 1983, 97 Stat. 1394; Pub. L. 107–107, div. A, title V, §582(c), Dec. 28, 2001, 115 Stat. 1124.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 829(a) 829(b) |
50:593(a). 50:593(b). |
May 5, 1950, ch. 169, §1 (Art. 29), 64 Stat. 117. |
| 829(c) | 50:593(c). |
In subsections (a), (b), and (c), the word may is substituted for the word shall.
In subsections (b) and (c), the word details is substituted for the word appoints, since the filling of the position involved is not appointment to an office in the constitutional sense.
Amendments
2001—Subsec. (b). Pub. L. 107–107 designated existing provisions as par. (1), substituted the applicable minimum number of members for five members in two places, and added par. (2).
1983—Subsec. (a). Pub. L. 98–209 substituted unless excused as a result of a challenge, excused by the military judge for physical disability or other good cause, or excused by order of the convening authority for good cause for except for physical disability or as a result of a challenge or by order of the convening authority for good cause.
1968—Subsec. (a). Pub. L. 90–632, §2(11)(A), substituted court has been assembled for the trial of the accused for accused has been arraigned.
Subsec. (b). Pub. L. 90–632, §2(11)(B), inserted reference to court-martial composed of a military judge alone, struck out reference to oath of members, and inserted provisions requiring that only the evidence which has been introduced before members of the court be read to the court and that all evidence, not merely testimony, be included.
Subsec. (c). Pub. L. 90–632, §2(11)(C), inserted reference to court-martial composed of a military judge alone, struck out reference to oath of members, and substituted evidence previously introduced for testimony of previously examined witnesses as the body of evidence which the verbatim record must cover.
Subsec. (d) Pub. L. 90–632, §2(11)(D), added subsec. (d).
Effective Date of 2001 Amendment
Amendment by Pub. L. 107–107 applicable with respect to offenses committed after Dec. 31, 2002, see section 582(d) of Pub. L. 107–107, set out as a note under section 816 of this title.
Effective Date of 1983 Amendment
Amendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98–209, set out as a note under section 801 of this title.
Effective Date of 1968 Amendment
Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-874 in the Legal Encyclopedia: General Military Law
In this entry about 10-U.S.C.-874, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.
10-U.S.C.-876A in the Legal Encyclopedia: Uniform Code of Military Justice
In this entry about 10-U.S.C.-876A, find legal reference material, bibliographies and premiere content related to uniform code of military justice in the American Encyclopedia of Law, presenting a comprehensive view of the United States uniform code of military justice-specific issues, written by authorities in the field.
10-U.S.C.-822 in the Legal Encyclopedia: Justice
In this entry about 10-U.S.C.-822, find legal reference material, bibliographies and premiere content related to justice in the American Encyclopedia of Law, presenting a comprehensive view of the United States justice-specific issues, written by authorities in the field.
10-U.S.C.-866 in the Legal Encyclopedia: Enlistments
In this entry about 10-U.S.C.-866, find legal reference material, bibliographies and premiere content related to enlistments in the American Encyclopedia of Law, presenting a comprehensive view of the United States enlistments-specific issues, written by authorities in the field.
Leave a Reply