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12-64-414. Absent and additional members.

Arkansas Code — all titles (historical 2020) · legal_authorities

12-64-414. Absent and additional members.

12-64-414. Absent and additional members. (a) No member of a general or special court-martial shall be absent or excused after the accused has been arraigned except for physical disability or as a result of a challenge or by order of the convening authority for good cause. (b)(1) Whenever a general court-martial is reduced below six (6) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than six (6) members. (2) 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 the counsel. (c)(1) Whenever a special court-martial is reduced below four (4) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than four (4) members. (2) When the new members have been sworn, the trial shall proceed as if no evidence has previously been introduced unless a verbatim record of the testimony of previously examined witnesses or a stipulation thereof is read to the court in the presence of the accused and counsel.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-64-414

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Record provenance

Stable record: arkansas_code:legal_authorities:12-64-414
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ef173899bd92a67e5050bfadae4643c4deb6e67e2a870f9d7c4330f2bc0307b7

Source location: content.xml paragraph 18771

Stored source content

12-64-414. Absent and additional members. (a) No member of a general or special court-martial shall be absent or excused after the accused has been arraigned except for physical disability or as a result of a challenge or by order of the convening authority for good cause. (b)(1) Whenever a general court-martial is reduced below six (6) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than six (6) members. (2) 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 the counsel. (c)(1) Whenever a special court-martial is reduced below four (4) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than four (4) members. (2) When the new members have been sworn, the trial shall proceed as if no evidence has previously been introduced unless a verbatim record of the testimony of previously examined witnesses or a stipulation thereof is read to the court in the presence of the accused and counsel.

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