Missouri Revised Statutes
Chapter 40
Military Justice
←40.100
Section 40.105.1
40.108→
August 28, 2015
Members of general and special courts-martial required to be present, exceptions--members or military judge replaced, procedure.
40.105. 1. No member of a general or special court-martial shall be
absent or excused after court has been assembled for the trial of the accused
except for physical disability or as the result of a challenge or by order of
the convening authority for good cause.
2. Whenever a general court-martial, other than one composed of a
military judge only, is reduced below twelve members, the trial shall not
proceed unless the convening authority details new members sufficient in
number to provide not less than twelve members. When the new members have
been sworn, the trial may proceed after the recorded testimony of each
witness previously examined has been read to the court in the presence of the
military judge, the accused, and counsel for both sides.
3. Whenever a special court-martial is reduced below twelve members, the
trial shall not proceed unless the convening authority appoints new members
sufficient in number to provide not less than twelve members. When such new
members have been sworn, the trial shall proceed with the new members present
as if no evidence has previously been introduced at the trial, unless a
verbatim record of the evidence previously introduced before the member 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.
4. 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 40.050, 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.
(L. 1984 H.B. 1035 § 30)
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