(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). |
| Sec. | Art. | |
|---|---|---|
| 830. | 30. | Charges and specifications. |
| 831. | 31. | Compulsory self-incrimination prohibited. |
| 832. | 32. | Investigation. |
| 833. | 33. | Forwarding of charges. |
| 834. | 34. | Advice of staff judge advocate and reference for trial. |
| 835. | 35. | Service of charges. |
Pub. L. 113–66, div. A, title XVII, §1702(a)(2), (d)(1), Dec. 26, 2013, 127 Stat. 955, 958, provided that, effective one year after Dec. 26, 2013, and applicable with respect to offenses committed under this chapter on or after that effective date, this analysis is amended by striking the item relating to section 832 and inserting the following new item:
| Art. | ||
|---|---|---|
| 832. | 32. | Preliminary hearing. |
See 2013 Amendment note below.
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