2000 Minnesota Code
Chapters 190 - 195 Military Affairs
Chapter 192A Uniform Code of Military Justice
Section 192A.215 Sessions.

192A.215 Sessions.

Subdivision 1. At any time after the service of charges which have been referred for trial to a general or special court-martial, the military judge may, subject to section 192A.20 of this code, call the court into session without the presence of the members for the following purposes:

(1) Hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;

(2) Hearing and ruling upon any matter which may be ruled upon by the military judge under this code, whether or not the matter is appropriate for later consideration or decision by members of the court;

(3) If permitted by rules issued pursuant to this code, holding the arraignment and receiving the pleas of the accused; and

(4) Performing any other procedural function which may be performed by the military judge under this code or under rules prescribed pursuant to section 192A.20 of this code and which does not require the presence of the members of the court.

Subd. 2. The proceedings described in subdivision 1 shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made a part of the record.

Subd. 3. When the members of a court-martial deliberate or vote only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel and the military judge.

HIST: 1963 c 661 s 192A.215; 1978 c 552 s 24; 1985 c 248 s 70