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U.S. Code as of:
01/19/04
Section 839. Art. 39. 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 may, subject to section 835 of this
title (article 35), call the court into session without the
presence of the members for the purpose of -
(1) hearing and determining motions raising defenses or
objections which are capable of determination without trial of
the issues raised by a plea of not guilty;
(2) hearing and ruling upon any matter which may be ruled upon
by the military judge under this chapter, whether or not the
matter is appropriate for later consideration or decision by the
members of the court;
(3) if permitted by regulations of the Secretary concerned,
holding the arraignment and receiving the pleas of the accused;
and
(4) performing any other procedural function which may be
performed by the military judge under this chapter or under rules
prescribed pursuant to section 836 of this title (article 36) and
which does not require the presence of the members of the court.
These proceedings shall be conducted in the presence of the
accused, the defense counsel, and the trial counsel and shall be
made a part of the record. These proceedings may be conducted
notwithstanding the number of members of the court and without
regard to section 829 of this title (article 29).
(b) When the members of a court-martial deliberate or vote, only
the members may be present. All other proceedings, including any
other consultation of the members of the court with counsel or the
military judge, shall be made a part of the record and shall be in
the presence of the accused, the defense counsel, the trial
counsel, and, in cases in which a military judge has been detailed
to the court, the military judge.
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