Colorado § 28-3.1-213 Absent and additional members

Colorado Statutes

§ 28-3.1-213 — Absent and additional members

Colorado § 28-3.1-213

Title 28Military and

Art.Colorado Code of Military Justice

This text of Colorado § 28-3.1-213 (Absent and additional members) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 28-3.1-213 (2026).

Text

(1)No member of a general or special court-martial may be absent or excused after the accused has been arraigned except for physical disability or as the result of a challenge or by order of the convening authority for good cause.

(2)Whenever a general court-martial is reduced below five members, the trial may not proceed unless the convening authority appoints 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)Except for a lawfully convened special court-martial that consists of a military judge alone, as described in section 28-3.1-201 (

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(1) No member of a general or
special court-martial may be absent or excused after the accused has been
arraigned except for physical disability or as the result of a challenge or by order of
the convening authority for good cause.

(2) Whenever a general court-martial is reduced below five members, the
trial may not proceed unless the convening authority appoints 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) Except for a lawfully convened special court-martial that consists of a
military judge alone, as described in section 28-3.1-201 (2)(b)(II), whenever a special
court-martial is reduced to fewer than three members, the trial must not proceed
unless the convening authority appoints new members sufficient in number to
provide at least three members. When the new members have been sworn, the trial
may proceed as if no evidence was previously 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.

Legislative History

Source: L. 83: Entire article added, p. 1172, � 1, effective June 10. L. 2025: (3) amended, (SB 25-279), ch. 411, p. 2337, � 9, effective September 1.