Summary of changes
Article 29 — Assembly and impaneling of members; detail of new members and military judges
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
0 amended
0 added
0 removed
26 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
29(a)
unchanged
Original text
ASSEMBLY.—
The military judge shall announce the assembly of a general or special court-martial with members. After such a court-martial is assembled, no member may be absent, unless the member is excused—
Current text
ASSEMBLY.—
The military judge shall announce the assembly of a general or special court-martial with members. After such a court-martial is assembled, no member may be absent, unless the member is excused—
29(a)(1)
unchanged
Original text
as a result of a challenge;
Current text
as a result of a challenge;
29(a)(2)
unchanged
Original text
under subsection (b)(1)(B); or
Current text
under subsection (b)(1)(B); or
29(a)(3)
unchanged
Original text
by order of the military judge or the convening authority for disability or other good cause.
Current text
by order of the military judge or the convening authority for disability or other good cause.
29(b)
unchanged
Original text
IMPANELING.—
Current text
IMPANELING.—
29(b)(1)
unchanged
Original text
Under rules prescribed by the President, the military judge of a general or special court-martial with members shall—
Current text
Under rules prescribed by the President, the military judge of a general or special court-martial with members shall—
29(b)(1)(A)
unchanged
Original text
after determination of challenges, impanel the court-martial; and
Current text
after determination of challenges, impanel the court-martial; and
29(b)(1)(B)
unchanged
Original text
excuse the members who, having been assembled, are not impaneled.
Current text
excuse the members who, having been assembled, are not impaneled.
29(b)(2)
unchanged
Original text
In a general court-martial, the military judge shall impanel—
Current text
In a general court-martial, the military judge shall impanel—
29(b)(2)(A)
unchanged
Original text
12 members in a capital case; and
Current text
12 members in a capital case; and
29(b)(2)(B)
unchanged
Original text
eight members in a noncapital case.
Current text
eight members in a noncapital case.
29(b)(3)
unchanged
Original text
In a special court-martial, the military judge shall impanel four members.
Current text
In a special court-martial, the military judge shall impanel four members.
29(c)
unchanged
Original text
ALTERNATE MEMBERS.—
In addition to members under subsection (b), the military judge shall impanel alternate members, if the convening authority authorizes alternate members.
Current text
ALTERNATE MEMBERS.—
In addition to members under subsection (b), the military judge shall impanel alternate members, if the convening authority authorizes alternate members.
29(d)
unchanged
Original text
DETAIL OF NEW MEMBERS.—
Current text
DETAIL OF NEW MEMBERS.—
29(d)(1)
unchanged
Original text
If, after members are impaneled, the membership of the court-martial is reduced to—
the trial may not proceed unless the convening authority details new members and, from among the members so detailed, the military judge impanels new members sufficient in number to provide the membership specified in paragraph (2).
Current text
If, after members are impaneled, the membership of the court-martial is reduced to—
the trial may not proceed unless the convening authority details new members and, from among the members so detailed, the military judge impanels new members sufficient in number to provide the membership specified in paragraph (2).
29(d)(1)(A)
unchanged
Original text
fewer than 12 members with respect to a general court-martial in a capital case;
Current text
fewer than 12 members with respect to a general court-martial in a capital case;
29(d)(1)(B)
unchanged
Original text
fewer than six members with respect to a general court-martial in a noncapital case; or
Current text
fewer than six members with respect to a general court-martial in a noncapital case; or
29(d)(1)(C)
unchanged
Original text
fewer than four members with respect to a special court-martial;
Current text
fewer than four members with respect to a special court-martial;
29(d)(2)
unchanged
Original text
The membership referred to in paragraph (1) is as follows:
Current text
The membership referred to in paragraph (1) is as follows:
29(d)(2)(A)
unchanged
Original text
12 members with respect to a general court-martial in a capital case.
Current text
12 members with respect to a general court-martial in a capital case.
29(d)(2)(B)
unchanged
Original text
At least six but not more than eight members with respect to a general court-martial in a noncapital case.
Current text
At least six but not more than eight members with respect to a general court-martial in a noncapital case.
29(d)(2)(C)
unchanged
Original text
Four members with respect to a special court-martial.
Current text
Four members with respect to a special court-martial.
29(e)
unchanged
Original text
DETAIL OF NEW MILITARY JUDGE.—
If the military judge is unable to proceed with the trial because of disability or otherwise, a new military judge shall be detailed to the court-martial.
Current text
DETAIL OF NEW MILITARY JUDGE.—
If the military judge is unable to proceed with the trial because of disability or otherwise, a new military judge shall be detailed to the court-martial.
29(f)
unchanged
Original text
EVIDENCE.—
Current text
EVIDENCE.—
29(f)(1)
unchanged
Original text
In the case of new members under subsection (d), the trial may proceed with the new members present after the evidence previously introduced is read or, in the case of audiotape, videotape, or similar recording, is played, in the presence of the new members, the military judge, the accused, and counsel for both sides.
Current text
In the case of new members under subsection (d), the trial may proceed with the new members present after the evidence previously introduced is read or, in the case of audiotape, videotape, or similar recording, is played, in the presence of the new members, the military judge, the accused, and counsel for both sides.
29(f)(2)
unchanged
Original text
In the case of a new military judge under subsection (e), the trial shall proceed as if no evidence had been introduced, unless the evidence previously introduced is read or, in the case of audiotape, videotape, or similar recording, is played, in the presence of the new military judge, the accused, and counsel for both sides.
Current text
In the case of a new military judge under subsection (e), the trial shall proceed as if no evidence had been introduced, unless the evidence previously introduced is read or, in the case of audiotape, videotape, or similar recording, is played, in the presence of the new military judge, the accused, and counsel for both sides.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.