Summary of changes
Article 39 — Sessions
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
11 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
39(a)
unchanged
Original text
At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to section 835 of this title (article 35), call the court into session without the presence of the members for the purpose of—
Current text
At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to section 835 of this title (article 35), call the court into session without the presence of the members for the purpose of—
39(a)(1)
unchanged
Original text
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;
Current text
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;
39(a)(2)
unchanged
Original text
hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members of the court;
Current text
hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members of the court;
39(a)(3)
unchanged
Original text
holding the arraignment and receiving the pleas of the accused;
Current text
holding the arraignment and receiving the pleas of the accused;
39(a)(4)
unchanged
Original text
conducting a sentencing proceeding and sentencing the accused under section 853(b)(1) of this title (article 53(b)(1)); and
Current text
conducting a sentencing proceeding and sentencing the accused under section 853(b)(1) of this title (article 53(b)(1)); and
39(a)(5)
unchanged
Original text
performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to section 836 of this title (article 36) and which does not require the presence of the members of the court.
Current text
performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to section 836 of this title (article 36) and which does not require the presence of the members of the court.
39(b)
unchanged
Original text
Proceedings under subsection (a) 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. These proceedings may be conducted notwithstanding the number of members of the court and without regard to section 829 of this title (article 29). If authorized by regulations of the Secretary concerned, and if at least one defense counsel is physically in the presence of the accused, the presence required by this subsection may otherwise be established by audiovisual technology (such as video teleconferencing technology).
Current text
Proceedings under subsection (a) 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. These proceedings may be conducted notwithstanding the number of members of the court and without regard to section 829 of this title (article 29). If authorized by regulations of the Secretary concerned, and if at least one defense counsel is physically in the presence of the accused, the presence required by this subsection may otherwise be established by audiovisual technology (such as video teleconferencing technology).
39(c)
unchanged
Original text
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.
Current text
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.
39(d)
unchanged
Original text
The findings, holdings, interpretations, and other precedents of military commissions under chapter 47A of this title—
Current text
The findings, holdings, interpretations, and other precedents of military commissions under chapter 47A of this title—
39(d)(1)
unchanged
Original text
may not be introduced or considered in any hearing, trial, or other proceeding of a court-martial under this chapter; and
Current text
may not be introduced or considered in any hearing, trial, or other proceeding of a court-martial under this chapter; and
39(d)(2)
unchanged
Original text
may not form the basis of any holding, decision, or other determination of a court-martial.
Current text
may not form the basis of any holding, decision, or other determination of a court-martial.
“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.