New York Military Law Part 7 - TRIAL PROCEDURE
- 130.36 - Adjutant General May Prescribe Rules.
The procedure, including modes of proof, in cases before military courts and other military tribunals may be prescribed by the adjutant general by regulations issued...
- 130.37 - Unlawfully Influencing Action of Court.
(a) No authority convening a general, special, or summary court-martial, nor any other commanding officer, shall censure, reprimand, or admonish such court or any member,...
- 130.38 - 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, under the direction of the...
- 130.39 - 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,...
- 130.40 - Continuances.
The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time, and as...
- 130.41 - 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...
- 130.42 - Oaths.
(a) Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, reporters,...
- 130.43 - Statute of Limitations.
(a) A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny may be tried...
- 130.44 - Former Jeopardy.
(a) No person shall without his consent, be tried a second time by a civil court or a military court of the state for the...
- 130.45 - Pleas of the Accused.
(a) If an accused after arraignment makes any irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if...
- 130.46 - Opportunity to Obtain Witnesses and Other Evidence.
The trial counsel, defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with regulations issued by the...
- 130.47 - Refusal to Appear or Testify.
Every person not subject to this code who (a) has been duly subpoenaed to appear as a witness or to produce books and records before...
- 130.48 - Contempts.
A military court may punish for contempt any person who uses any menacing words, signs, or gestures in its presence, or who disturbs its proceedings...
- 130.49 - Depositions.
(a) At any time after charges have been signed as provided in section 130.30, any party may take oral or written depositions unless the military...
- 130.50 - Admissibility of Records of Courts of Inquiry.
(a) In any case not extending to the dismissal of an officer, the sworn testimony, contained in the duly authenticated record of proceedings of a...
- 130.51 - 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...
- 130.52 - Number of Votes Required.
(a) No person shall be convicted of any offense, except as provided in subdivision (b) of section 130.45 of this chapter, or by the concurrence...
- 130.53 - Court to Announce Action.
Every court-martial shall announce its findings and sentence to the parties as soon as determined.
- 130.54 - 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...
Last modified: February 3, 2019