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Nevada Revised Statutes Title 36. Military Affairs and Civil Emergencies § 412.366. Presence of members and parties at proceedings

Current as of January 01, 2025 | Updated by Findlaw Staff

1. 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 call the court into session without the presence of the members for:

(a) 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;

(b) Hearing and ruling upon any matter which may be ruled upon by the military judge 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; or

(d) Performing any other procedural function which may be performed by the military judge which does not require the presence of the members of the court. These proceedings shall be conducted in the presence of the accused, defense counsel and trial counsel and shall be made a part of the record.

2. The proceedings described in subsection 1 must be conducted in the presence of the accused, defense counsel and trial counsel and must be made a part of the record. Such proceedings are not required to adhere to the provisions of NRS 412.342.

3. Whenever a general or special court-martial deliberates or votes, only the members of the court may be present. All other proceedings, including any other consultation 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.

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Cite this article: FindLaw.com - Nevada Revised Statutes Title 36. Military Affairs and Civil Emergencies § 412.366. Presence of members and parties at proceedings - last updated January 01, 2025 | https://codes.findlaw.com/nv/title-36-military-affairs-and-civil-emergencies/nv-rev-st-412-366/

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