26-1029. Absent and additional members

A. A member of a general or special court-martial shall not be absent or excused after the court has been assembled for the trial of the accused unless as a result of a challenge by the military judge for physical disability or other good cause or by order of the convening authority for good cause.

B. If a general court-martial, other than a general court-martial composed of a military judge only, is reduced below five members, the trial shall not proceed unless the convening authority details new members sufficient in number to provide not fewer than five 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.

C. If a special court-martial, other than a special court-martial composed of a military judge only, is reduced below three members, the trial shall not proceed unless the convening authority details new members sufficient in number to provide not fewer 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 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 cause, the trial shall proceed, subject to any applicable conditions of section 26-1016, paragraph 1, subdivision (b) and paragraph 2, subdivision (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 is read in court in the presence of the new military judge, the accused and counsel for both sides.

26-1029. Absent and additional members

A. A member of a general or special court-martial shall not be absent or excused after the court has been assembled for the trial of the accused unless as a result of a challenge by the military judge for physical disability or other good cause or by order of the convening authority for good cause.

B. If a general court-martial, other than a general court-martial composed of a military judge only, is reduced below five members, the trial shall not proceed unless the convening authority details new members sufficient in number to provide not fewer than five 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.

C. If a special court-martial, other than a special court-martial composed of a military judge only, is reduced below three members, the trial shall not proceed unless the convening authority details new members sufficient in number to provide not fewer 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 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 cause, the trial shall proceed, subject to any applicable conditions of section 26-1016, paragraph 1, subdivision (b) and paragraph 2, subdivision (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 is read in court in the presence of the new military judge, the accused and counsel for both sides.