51 Pennsylvania Consolidated Statutes Chapter 57 - Trial Procedure

• Chapter Notes
• Section 5701 - Governor And Department May Prescribe Rules
  (a) General rule.--Pretrial, trial and posttrial procedures, including modes of proof, in court-martial cases arising under this part and for courts of inquiry may...
• Section 5702 - Unlawfully Influencing Action Of Court
  (a) General rule.--No authority convening a general, special or summary court-martial nor any other commanding officer or officer serving on the staff thereof shall...
• Section 5703 - Duties Of Trial Counsel And Defense Counsel
  (a) Trial counsel.--The trial counsel of a general or special court-martial shall prosecute in the name of the Commonwealth and shall, under the direction...
• Section 5704 - Sessions
  (a) Proceedings in absence of members.--At any time after the service of charges which have been referred for trial to a court-martial composed of...
• Section 5705 - Continuances
  The military judge of a court-martial or a summary court-martial may, for reasonable cause, grant a continuance to any party for such time, and...
• Section 5706 - Challenges
  (a) Challenges for cause.--The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel...
• Section 5707 - Oaths Or Affirmations
  (a) General rule.--Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense...
• Section 5708 - Statute Of Limitations
  (a) Two-year limitation.--Except as otherwise provided in this part, a person subject to this part charged with any offense shall not be liable to...
• Section 5709 - Former Jeopardy
  (a) General rule.--No person subject to this part shall, without the person's consent, be tried a second time for the same offense. Prosecution under...
• Section 5710 - Pleas Of The Accused
  (a) Inadequacy or lack of pleading.--A plea of not guilty shall be entered in the record, and the court shall proceed as though the...
• Section 5711 - Opportunity To Obtain Witnesses And Other Evidence
  (a) General rule.--The trial counsel, the defense counsel and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with...
• Section 5712 - Refusal To Appear Or Testify
  Any person not subject to this part who has been duly subpoenaed to appear as a witness or to produce books and records before...
• Section 5713 - Contempts
  A military judge or summary court-martial officer may punish for contempt any person who uses any menacing word, sign or gesture in his presence...
• Section 5714 - Depositions
  (a) General rule.--At any time after charges have been signed, as provided in section 5601 (relating to charges and specifications), any party may take...
• Section 5715 - Admissibility Of Records Of Courts Of Inquiry
  (a) Court-martial.--In any case not extending to the dismissal of a commissioned officer, the sworn testimony contained in the duly authenticated record of proceedings...
• Section 5716 - Voting And Rulings
  (a) Findings, sentences and challenges.--Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret...
• Section 5717 - Number Of Votes Required
  (a) Conviction.--No person subject to this part shall be convicted of any offense, except as provided in section 5710(b) (relating to pleas of accused)...
• Section 5718 - Court To Announce Action
  Every court-martial shall announce its findings and sentence to the parties as soon as determined.
• Section 5719 - Record Of Trial
  (a) General and special courts-martial.--Each general and special courts-martial shall keep a separate record of the proceedings in each case brought before it, and...
• Section 5720 - Defense Of Lack Of Mental Responsibility
  (a) General rule.--It shall be an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting...
• Section 5721 - Effect Of Finding Of Lack Of Mental Capacity On Trial Proceedings
  (a) Mental incapacity generally.--When the accused is determined under this part to be suffering from a mental disease or defect rendering him mentally incompetent...
• Section 5722 - Trial Finding Of Lack Of Mental Responsibility
  (a) Finding of lack of mental responsibility generally.--If an accused is found by a court-martial not guilty only by reason of lack of mental...

Last modified: October 8, 2016