• § 38-2-1036 - Governor May Prescribe Rules and Regulations
  Pretrial, trial, and post-trial procedures, including, but not limited to, modes of proof, for courts-martial cases arising under this article and for courts of...
• § 38-2-1037 - Unlawfully Influencing Action of Court
  (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,...
• § 38-2-1038 - Trial Counsel
  (a) The trial counsel of a general or special court-martial shall be a member in good standing of the State Bar of Georgia and...
• § 38-2-1039 - Calling Court Into Session Without Presence of Members; Purpose
  (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...
• § 38-2-1040 - Granting Continuance
  The military judge of a court-martial or a summary court-martial officer may, for reasonable cause, grant a continuance to any party for such time...
• § 38-2-1041 - Challenges for Cause; Order of Presentation; Peremptory Challenges
  (a) (1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for...
• § 38-2-1042 - Oaths
  (a) Before performing their respective duties, military judges, general and special courts-martial members, trial counsel, defense counsel, reporters, and interpreters shall take an oath...
• § 38-2-1043 - Statute of Limitations
  (a) A person charged with desertion or absence without leave in time of armed conflict or war, whether or not declared, or with aiding...
• § 38-2-1044 - Double Jeopardy
  (a) No person shall, without his or her consent, be tried a second time for the same offense.(b) No proceeding in which an accused...
• § 38-2-1045 - Pleas of 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...
• § 38-2-1046 - Opportunity to Obtain Witnesses and Other Evidence
  The trial counsel, the defense counsel, and the summary court-martial officer shall have equal opportunity to obtain witnesses and other evidence as prescribed by...
• § 38-2-1046.1 - Issuance of Process and Mandates; Who May Issue; Execution
  (a) Military courts are empowered to issue all process and mandates necessary and proper to carry into full effect the powers vested in the...
• § 38-2-1047 - Refusal to Appear or Testify; Penalty
  (a) Any person not subject to this article who: (1) Has been duly subpoenaed to appear as a witness or to produce books and...
• § 38-2-1048 - Contempt; Penalty
  (a) A military judge may punish for contempt any person who uses any menacing word, sign, or gesture in his or her presence, or...
• § 38-2-1049 - Depositions
  (a) At any time after charges have been signed as provided for in Code Section 38-2-1030, the military judge or summary court-martial officer, with...
• § 38-2-1050 - 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...
• § 38-2-1050.1 - Defense of Mental Disease or Defect
  (a) It shall be an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the...
• § 38-2-1051 - Voting, Rulings, and Charge
  (a) Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The...
• § 38-2-1052 - Number of Votes Required for Conviction
  (a) No person shall be convicted of an offense, except: (1) As provided in Code Section 38-2-1045; (2) By the vote of two-thirds of...
• § 38-2-1053 - Prompt Announcement of Findings and Sentence
  A court-martial shall announce its findings and sentence to the parties as soon as determined.
• § 38-2-1054 - Trial Record; Contents; Authentication; Accused Entitled to Copy
  (a) Each general and special court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall...

Last modified: October 14, 2016