§124A-48 - Absent and additional members.
[§124A-48] Absent and additional members. (a) No member of a general or special court-martial may be absent or excusedafter the accused has been arraigned except for physical disability or as theresult of a challenge or by order of the convening authority for good cause.
(b) Whenever a general court-martial isreduced below five members, the trial may not proceed unless the conveningauthority details new members sufficient in number to provide not less thanfive members. When the new members have been sworn, the trial may proceedafter the recorded testimony of each witness previously examined has been readto the court in the presence of the law officer, the accused, and counsel.
(c) Whenever a special court-martial isreduced below three members, the trial may not proceed unless the conveningauthority details new members sufficient in number to provide not less thanthree members. When the new members have been sworn, the trial shall proceedas if no evidence has previously been introduced, unless a verbatim record ofthe testimony of previously examined witnesses or a stipulation thereof is readto the court in the presence of the accused and counsel. [L 1982, c 171, pt of§2]