1998 Minnesota Statutes

     192A.215 Sessions. 

    Subdivision 1.  At any time after the service of charges 
 which have been referred for trial to a general or special 
 court-martial, the military judge may, subject to section 
 192A.20 of this code, call the court into session without the 
 presence of the members for the following purposes: 

    (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 code, whether or not the 
 matter is appropriate for later consideration or decision by 
 members of the court; 

    (3) If permitted by rules issued pursuant to this code, 
 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 code or under rules 
 prescribed pursuant to section 192A.20 of this code and which 
 does not require the presence of the members of the court. 

    Subd. 2.  The proceedings described in subdivision 1 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. 

    Subd. 3.  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. 

    HIST: 1963 c 661 s 192A.215; 1978 c 552 s 24; 1985 c 248 s 70