Section 400.810  Sessions

a)         Call to Session

1)         At any time after the service of charges that have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to Code Section 35, call the court into session without the presence of the members for the purpose of:

A)        hearing and determining motions raising defenses or objections that are capable of determination without trial of the issues raised by a plea of not guilty;

B)        hearing and ruling upon any matter that may be ruled upon by the military judge under the Code, whether or not the matter is appropriate for later consideration or decision by the members of the court;

C)        holding the arraignment and receiving the pleas of the accused; and

D)        performing any other procedural function that does not require the presence of the members of the court under the Code.

2)         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 court members and without regard to Code Section 29. (Code Section 39(a))

b)         Assembly of the Court-Martial.  The military judge shall announce verbally, on the record, that the court-martial has assembled and shall constitute the court-martial for hearing the case.

c)         Proceedings.  A court-martial trial conducted under the Code will proceed with respect to findings as provided in RCM 901 through 924.

d)         Deliberation and Voting.  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. (Code Section 39(b))

e)         Procedures.  The presiding military judge may, in his or her discretion, issue any protocol, procedure or guidance that is reasonably calculated to more efficiently, practically or thoroughly resolve the pending court-martial. Those procedures shall remain in place until post-trial motions have concluded or until the military judge withdraws them, whichever comes first.