
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC839]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                     SUBCHAPTER VII--TRIAL PROCEDURE
 
Sec. 839. Art. 39. Sessions

    (a) 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--
        (1) 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;
        (2) 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;
        (3) if permitted by regulations of the Secretary concerned, 
    holding the arraignment and receiving the pleas of the accused; and
        (4) 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.

These proceedings 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).
    (b) 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, in cases in 
which a military judge has been detailed to the court, the military 
judge.

(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90-632, Sec. 2(15), Oct. 
24, 1968, 82 Stat. 1338; Pub. L. 101-510, div. A, title V, Sec. 541(a), 
Nov. 5, 1990, 104 Stat. 1565.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
839...................................  50:614.                              Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
                                                                              3
9), 64 Stat. 121.
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---------------------------------

    The word ``When'' is substituted for the word ``Whenever''. The 
words ``deliberates or votes'' are substituted for the words ``is to 
deliberate or vote''. The word ``may'' is substituted for the word 
``shall''. The word ``shall'' is inserted before the words ``be in the 
presence'' for clarity.


                               Amendments

    1990--Subsec. (a). Pub. L. 101-510 inserted at end ``These 
proceedings may be conducted notwithstanding the number of members of 
the court and without regard to section 829 of this title (article 
29).''
    1968--Pub. L. 90-632 added subsec. (a), designated existing 
provisions as subsec. (b), substituted ``military judge'' for ``law 
officer'', and struck out provisions authorizing the court after voting 
on the findings in a general court-martial to request the law officer 
and the reporter to appear before the court to put the findings in 
proper form.


                    Effective Date of 1990 Amendment

    Section 541(e) of Pub. L. 101-510 provided that: ``The amendments 
made by subsections (a) through (d) [amending this section and section 
841 of this title] shall apply only to a court-martial convened on or 
after the date of the enactment of this Act [Nov. 5, 1990].''


                    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 825, 835 of this title.
