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This entry was published on 2014-09-22
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SECTION 130.29
Absent and additional members
Military (MIL) CHAPTER 36, ARTICLE 7, PART 5
§ 130.29. Absent and additional members. (a) 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 a result of a challenge or by order of the convening authority for
good cause.

(b) Whenever 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
appoints new members sufficient in number to provide not less 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) Whenever 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
appoints 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 by 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
130.16 of this chapter, 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.