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Current as of March 28, 2024 | Updated by Findlaw Staff
(a) No member of a general or special court-martial shall be absent or excused after the accused has been arraigned except for physical disability or as a result of a challenge or by order of the convening authority for good cause.
(b)(1) Whenever a general court-martial is reduced below six (6) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than six (6) members.
(2) When the new members have been sworn, the trial may proceed after the recorded testimony of each witness previously examined has been read to the court in the presence of the military judge, the accused, and the counsel.
(c)(1) Whenever a special court-martial is reduced below four (4) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than four (4) members.
(2) When the new members have been sworn, the trial shall proceed as if no evidence has previously been introduced unless a verbatim record of the testimony of previously examined witnesses or a stipulation thereof is read to the court in the presence of the accused and counsel.
Cite this article: FindLaw.com - Arkansas Code Title 12. Law Enforcement, Emergency Management, and Military Affairs § 12-64-414. Absent and additional members - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-12-law-enforcement-emergency-management-and-military-affairs/ar-code-sect-12-64-414/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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