10 U.S.C. § 829 : US Code - Section 829: Art. 29. Absent and additional members

Search 10 U.S.C. § 829 : US Code - Section 829: Art. 29. Absent and additional members

(a) No member of a general or special court-martial may be absent
or excused after the court has been assembled for the trial of the
accused unless excused as a result of a challenge, excused by the
military judge for physical disability or other good cause, or
excused by order of the convening authority for good cause.
(b)(1) Whenever a general court-martial, other than a general
court-martial composed of a military judge only, is reduced below
the applicable minimum number of members, the trial may not proceed
unless the convening authority details new members sufficient in
number to provide not less than the applicable minimum number of
members. The trial may proceed with the new members present after
the recorded evidence previously introduced before the members of
the court has been read to the court in the presence of the
military judge, the accused, and counsel for both sides.
(2) In this section, the term "applicable minimum number of
members" means five members or, in a case in which the death
penalty may be adjudged, the number of members determined under
section 825a of this title (article 25a).
(c) Whenever a special court-martial, other than a special court-
martial composed of a military judge only, is reduced below three
members, the trial may not proceed unless the convening authority
details new members sufficient in number to provide not less than
three members. The trial shall proceed with the new members present
as if no evidence had previously been introduced at the trial,
unless a verbatim record of the evidence previously introduced
before the members of the court or a stipulation thereof is read to
the court in the presence of the military judge, if any, the
accused and counsel for both sides.
(d) If the military judge of a court-martial composed of a
military judge only is unable to proceed with the trial because of
physical disability, as a result of a challenge, or for other good
cause, the trial shall proceed, subject to any applicable
conditions of section 816(1)(B) or (2)(C) of this title (article
16(1)(B) or (2)(C)), after the detail of a new military judge as if
no evidence had previously been introduced, unless a verbatim
record of the evidence previously introduced or a stipulation
thereof is read in court in the presence of the new military judge,
the accused, and counsel for both sides.