
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 582(c)]
[CITE: 10USC829]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
               SUBCHAPTER V--COMPOSITION OF COURTS-MARTIAL
 
Sec. 829. Art. 29. Absent and additional members

    (a) No member of a general or special court-martial may be absent or 
excused after the court has been assembled for the trial of the accused 
unless excused as a result of a challenge, excused by the military judge 
for physical disability or other good cause, or excused 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 may not proceed unless the convening authority 
details 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 may not proceed unless the convening authority 
details 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 before 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 
816(1)(B) or (2)(C) of this title (article 16(1)(B) or (2)(C)), 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 47; Pub. L. 90-632, Sec. 2(11), Oct. 
24, 1968, 82 Stat. 1337; Pub. L. 98-209, Sec. 3(d), Dec. 6, 1983, 97 
Stat. 1394.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
829(a)................................  50:593(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
829(b)................................  50:593(b).                            2
9), 64 Stat. 117.
829(c)................................  50:593(c).
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---------------------------------

    In subsections (a), (b), and (c), the word ``may'' is substituted 
for the word ``shall''.
    In subsections (b) and (c), the word ``details'' is substituted for 
the word ``appoints'', since the filling of the position involved is not 
appointment to an office in the constitutional sense.


                               Amendments

    1983--Subsec. (a). Pub. L. 98-209 substituted ``unless excused as a 
result of a challenge, excused by the military judge for physical 
disability or other good cause, or excused by order of the convening 
authority for good cause'' for ``except for physical disability or as a 
result of a challenge or by order of the convening authority for good 
cause''.
    1968--Subsec. (a). Pub. L. 90-632, Sec. 2(11)(A), substituted 
``court has been assembled for the trial of the accused'' for ``accused 
has been arraigned''.
    Subsec. (b). Pub. L. 90-632, Sec. 2(11)(B), inserted reference to 
court-martial composed of a military judge alone, struck out reference 
to oath of members, and inserted provisions requiring that only the 
evidence which has been introduced before members of the court be read 
to the court and that all evidence, not merely testimony, be included.
    Subsec. (c). Pub. L. 90-632, Sec. 2(11)(C), inserted reference to 
court-martial composed of a military judge alone, struck out reference 
to oath of members, and substituted evidence previously introduced for 
testimony of previously examined witnesses as the body of evidence which 
the verbatim record must cover.
    Subsec. (d) Pub. L. 90-632, Sec. 2(11)(D), added subsec. (d).


                    Effective Date of 1983 Amendment

    Amendment by Pub. L. 98-209 effective first day of eighth calendar 
month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98-
209, set out as a note under section 801 of this title.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-632 effective first day of tenth month 
following October 1968, see section 4 of Pub. L. 90-632, set out as a 
note under section 801 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 839, 841 of this title.
