Nev. Rev. Stat. § 412.342

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1

Section 412.342 - Absence or excusal of member of court-martial; detailing of additional members or judge; effect of new members or judge on trial

1. 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:

(a) Excused as a result of a challenge;

(b) Excused by the military judge for physical disability; or

(c) By order of the convening authority for good cause.

2. Whenever a general court-martial, other than a general court-martial composed of a military judge only, is reduced below five members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than five members. 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 counsel.

3. Whenever a special court-martial 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. 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.

4. If the military judge of a court-martial composed of a military judge only is unable to proceed with trial because of physical disability, as a result of a challenge or for other good cause, the trial will proceed, subject to any applicable conditions of NRS 412.334, 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.

NRS 412.342

Added to NRS by 1967, 1319; A 1973, 134; 2013, 1122

Amended by 2013, Ch. 254,§82, eff. 5/29/2013.

Added to NRS by 1967, 1319; A 1973, 134